Dismissed

Smt. Dhanni Bai v. Sampat Lal Chhajed and Ors.

Chhattisgarh HC13 Jul 2016WP227/515/2014

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a writ petition challenging the trial Court's order rejecting an application under Order 1 Rule 10 CPC for deletion of respondents who were office bearers of a Samiti. The Court held that under Article 227, it cannot interfere with the trial Court's discretionary decision.

What did the court decide?

Writ petition dismissed; no interference with impugned order passed by the trial Court.

Smt. Dhanni Bai Vs Sampat Lal Chhajed… — Civil Procedure and Limitation | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 515 of 2014

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Smt. Dhanni Bai W/o Shri Madan Lal Jain Aged About 43 Years R/o Gandhi Chowk Nagr Rajabada Chowk Nagri, Ps.. Nagri Distt. Dhamtari, Civil & Revenue Distt. Dhamtari C.G.

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---- Petitioner

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Versus

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Sampat Lal Chhajed S/o Late Shri Manak Lal Chhajed Aged About 60 Years President Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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Suresh Sacheti S/o Late Suganmal Sacheti Aged About 44 Years Vice President Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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Lalit Prasad Sharma S/o Balal Prasad Sharma Aged About 40 Years Occupation Shiksha Karimi And Businessman Treasurer Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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Yashwant Patel S/o Bihari Prasad Patel Aged About 55 Years Member Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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The State Of Chhattisgarh Through The Collector, Dhamtari, Distt. Dhamtari C.G.

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Dhirajiram Sahu Aged About 65 Years President Village Management Samiti Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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Duleshwar Singh Gaur S/o Shri Dhan Singh Gaur Aged About 62 Years Secretary, Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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Harishankar Som S/o Late Shri Buddhuram Aged About 60 Years R/o Purani Basti President Village Management Samiti Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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Raghuvendra Verma S/o Late Badhdur Singh Verma Aged About 49 Years President Village Management Samiti Nagri Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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Mohan Nahta S/o Late Ravatmal Nahta Aged About 45 Years President Nav Anand Kala Mandir Nagri R/o Nagri, P.S. Nagri Distt. Dhamtari Civil & Revenue Distt. Dhamtari C.G.

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---- Respondents

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For Petitioner Shri Awadh Tripathi, Advocate
For Respondent-State Shri S. Majid Ali, PL
For Respondent Nos.1 to 4 & 6 to 8 Shri D. N. Prajapati, Advocate
For Respondent Nos.9 & 10 Shri Atanu Ghosh, Advocate

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Hon'ble Shri Justice Prashant Kumar Mishra

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Order On Board

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13/07/2016

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This petition is directed against the order passed by the trial Court rejecting the plaintiff's application under Order 1 Rule 10 CPC, whereby the plaintiff had sought deletion of the name of the defendant Nos.1 to 4 and 6 to 8.

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It is argued that the said defendants were arrayed in the capacity of office bearers of the Samiti, however, since thereafter the managing body of the Samiti has been reconstituted and some other persons have been elected as president, secretary and members, therefore, deletion is necessary.

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On bare perusal of the plaint, it would appear that the said defendants have been arrayed by name and not by their designation in the society. Mere mention of their status in the society would not be treated as their impleadment as office

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bearer of the society because they have been named in the cause title.

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In any case, when an application under Order 1 Rule 10 CPC has been decided by the trial Court by exercising judicial discretion, which does not appear to be wholly unfounded or without any reasoning, this Court exercising jurisdiction under Article 227 of the Constitution of India is not entitled to interfere in the matter in view of the law laid down by the Supreme Court in the matter of

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Subodh Kumar Gupta and others v. Alpana Gupta and others¹

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Accordingly, the writ petition is dismissed.

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Sd/-

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JUDGE

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PRASHANT KUMAR MISHRA

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Nirala

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1 (2005) 11 SCC 578

Smt. Dhanni Bai v. Sampat Lal Chhajed and Ors.

Case brief

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Smt. Dhanni Bai v. Sampat Lal Chhajed and Ors.

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