Dismissed

Smt. Kanti Mishra v. Rajendra Shankar Shukla

Chhattisgarh HC11 Jun 2020MCC/273/2020

Case brief

AI extract

What is this about?

This order dismisses an application seeking modification and review of a previous review order. The court held that reviewing an order passed under review jurisdiction is not maintainable under operational rule amendments. Additionally, the court noted that proper procedure for impleading a deceased party is a separate application, not a review.

What did the court decide?

The application for modification by recall of order dated 13.02.2020 is dismissed.

Smt. Kanti Mishra Vs Rajendra Shankar… — Civil Procedure and Limitation | Chhattisgarh HC (2020)

MCC No.273 of 2020

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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Order Reserved on 21.05.2020 Order Delivered on 11.06.2020

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MCC No.273 of 2020

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Smt. Kanti Mishra W/o Shri Badri Prasad Mishra Aged About 83 Years R/o Nayapara, Raipur, Tahsil And District - Raipur, Chhattisgarh.

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Sameer Mishra S/o Shri Badri Prasad Mishra Aged About 48 Years R/o Nayapara, Raipur, Tahsil And District - Raipur, Chhattisgarh.

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Durgesh Mishra S/o Shri Badri Prasad Mishra Died on 11.12.2019 leaving behind Legal representatives:

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(1) Wife – Smt. Nisha Mishra, aged about 45 years;

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(2) Son – Harsh Mishra, aged about 14 years;

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(3) Daughter – Ku. Nitya Mishra, aged about 11 years; Nos. (2) & (3) Minors through Mother Smt. Nisha Mishra;

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Residents of Nayapara, Raipur, Tahsil & Dist. Raipur;

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Smt. Seema Shukla D/o Shri Badri Prasad Mishra Aged About 52 Years W/o Shri Neel Kanth Shukla. R/o Pandaria, Tahsil Pandaria, District - Kawardha, Chhattisgarh. ( Appellants Nos. 5 And 6 Dinesh And Krishna Bai S/o And W/o Kedar Prasad Mishra Have Died During The Pendency Of Appeal With Cause Of Action Surviving And Represented By Remaining Appellants.)

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---- Applicants

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Versus

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Rajendra Shankar Shukla S/o Shri Ram Awatar Shukla, Aged About 78 Years R/o Malviya Road, Raipur, Tahsil And District - Raipur Chhattisgarh.

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MCC No.273 of 2020

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Smt. Pratibha Shukla W/o Rajendra Shankar Shukla, Aged About 72 Years R/o Malviya Road, Raipur, Tahsil And District - Raipur Chhattisgarh.

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Ranjana Shukla D/o Rajendra Shankar Shukla Aged About 58 Years R/o Malviya Road, Raipur, Tahsil And District - Raipur Chhattisgarh.

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Ekta Deepa Shukla W/o Rohit Shukla , Aged District - Raipur Chhattisgarh.

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Rahul Shukla S/o Rajendra Shankar Shukla Aged About 47 Years R/o Malviya Road, Raipur, Tahsil And District - Raipur Chhattisgarh.

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Smt. Shail Kumari Shukla W/o Ratnesh Kumar Shukla Aged About 53 Years R/o Azad Nagar, Bilaspur, Tahsil And District - Bilaspur Chhattisgarh.

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Respondent No. 7 / Defendant Sardar Fauja Singh, Ex Parte In Suit, Has Died During Pendency Of The Second Appeal.

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Jameel Saifi S/o Shri Abdul Jabbar Aged About 72 Years Hospital Ward, Near Amar Deep Talkies, Raipur, Tahsil And District Raipur Chhattisgarh. (Respondent / Defendant Ex Parte In Suit )

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---- Respondents

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For Petitioners :- Mr. U.N. Awasthy, Senior Advocate with Mr. Aman Upadhyay, Advocate

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Hon'ble Mr. Justice Prashant Kumar Mishra

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C A V Order

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This application titled as ' Application for modification by recall of order dated 13.02.2020 passed by circulation in chamber against dead person despite pendency of

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MCC No.273 of 2020

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application dated 11.12.2019 for substitution of legal representatives', is, in fact, a prayer for review of the order dated 13.02.2020 passed in REVP No.252/2019, which was itself an order passed under review jurisdiction.

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There is no provision under which review of an order passed under the review jurisdiction is maintainable under Order 47 Rule 1 of the Code of Civil Procedure, 1908.

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Even otherwise SA No.782/1998 was decided by this Court on 14.11.2019. The suit itself was filed on 14.11.1971 i.e., about 48 years ago. Thereafter the review petition was dismissed by circulation in chamber under provisions of subrule (2) of Rule 90 under Chapter VI of the High Court of Chhattisgarh Rules, 2007.

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If death of any of the parties has occurred after decision in the Second Appeal, an application for impleadment has to be filed before the superior Courts and not by filing any review application or modification application.

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In the result, the present MCC, sans merit, is liable to be and is hereby dismissed.

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SD/( Prashant Kumar Mishra ) Judge

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Ayushi

Smt. Kanti Mishra v. Rajendra Shankar Shukla

Case brief

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What did the court decide?

Smt. Kanti Mishra v. Rajendra Shankar Shukla

Case brief

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