The High Court of Chhattisgarh dismissed a writ petition filed under Article 227 seeking quashment of an order quashing an amendment application under Order 6 Rule 17 CPC for mesne profits. The Court found no ground for invoking supervisory jurisdiction.
Writ petition dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
AMENDED PETITION
IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH
WRIT PETITION N0. 1917 OF 2005
| 1 r | PETITIONER: | Pavitra W/o Amar Singh Nayak, | |
|---|---|---|---|
| DEFENDANT N0.2 | aged about 55 years, R/o Village | ||
| Lohar Singh, Tahsil & District Raigarh (C.G.). |
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| VER | SUS | ||
| RESPONDENTS : |
1. | Haridhar, S/o Balmukund, aged | |
| PLAINTIFFS | about 32 years. | ||
| 2. | Kusalchand S/o Balmukund, aged about 25 years. |
||
| 3. | Mst. Hemkunwar Widow of |
||
| Balmukund, aged about 52 years. | |||
| 4. | Kushi Ram S/o Jiyalal, aged about | ||
| i t |
SOyears. | ||
| 5. | Ku. Nirmala D/o Balmukund, aged about 28 years. |
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| 6. | Sanat Kumar S/o Jiyalal, aged about 40 years. |
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| 7. | Chabinath S/o Jiyalal, aged about 38 years. |
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| Respondents/Plaintiffs No.l to 7 |
|||
| are Caste : Adhariya, Occupation |
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| Agriculture, respondent/plaintiff |
^
| No.6?s occupation Agriculture and service. |
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|---|---|---|
| All residents of Village Jogitarai, Tahsil and District Raigarh (Chhattisgarh). |
||
| RESPONDENT/ DEFENDANT N0.3 |
8. | Savitri W/o Late Shri Dhanrujay, aged about 53 years R/o Village Bhilai, Post Jairamnagar, Tahsil and District Bilaspur (C.G.). |
| RESPONDENT/ | 9. | Sachi Kumari W/o Udayram, aged |
| DEFENDANT N0.4 | about 41 years R/o Village Dhangaon, Post Navapara, Vaha, |
|
| Putkapri, Tahsil and District Raigarh (C.G.). |
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| RESPONDENT/ DEFENDANT N0.5 |
10. | Shobha Kumari W/o Bharatlal, aged about 35 years R/o Village Bayanga, Post Nandelal, Tahsil and District Raigarh (C.G.). |
| RESPONDENt | 11. | State of Chhattisgarh, Through: Collector, Raigarh (C.G.). District |
| WRIT PETITION UND | ER AR | TICLE 227 OF THE CONSTITUTION |
OF INDIA
^
HIGH CQURT QF W^ATTISGAKH. BILASPUR
(Sinole Bench: Hon'ble Mr. T.P. Sharma. J)
W.P. No. 1917/2005 Petitioner Pavitra Vs
Respondents 1. Haridhar 2. Kusalchand 3. Mst. HemkunwQr 4. Kushi Ram 5. Ku. Nirmala
6. SanatKumQr
IWWKBW'
Present:
Mr. H.S. Patel, Advocate for the petitioner. Mr. G.t). Waswani, Govt. Advocate for the State.
None for the other respondents.
ORDER
petitioner seeks to invoke supervisory jurssdiction and has prayed for quashment of the order dated 3.3.2005 passed by the Additional Civil Judge Class-1, Raigarh in Civil Suit No.83-A/2004 whereby the application of the petitionerfiledunderOrder6Rule17CPCforamendmentinthecounter claim relating to grant of mesne profit has been dismissed.
pleadings proposed application.
Sd/T.P. Sharma Judge
1 issue framed by the court
Whether the High Court can invoke supervisory jurisdiction under Article 226 to quash an order dismissing a belated application for mesne profit under Order 6 Rule 17 CPC as a matter of pure fact or p
2 provisions across 2 enactments
Pavitra W/o Amar Singh Nayak
Haridhar S/o Balmukund
Kusalchand S/o Balmukund
Mst. Hemkunwar Widow of Balmukund
Kushi Ram S/o Jiyalal
Ku. Nirmala D/o Balmukund
T.P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
