Dismissed

Janki Bai v. the Sub Area Manager

Chhattisgarh HC14 Jun 2023CR/20/2023

Case brief

AI extract

What is this about?

High Court of Chhattisgarh dismissed the civil revision regarding the declaration of civil death of Ramvriksha Sonwani. The court held that in the absence of a specific date, civil death is deemed from the date of the judgment. The court noted that since no specific relief was sought in the plaint regarding the date, the issue of modification cannot be addressed under Section 152 CPC.

What did the court decide?

Civil revision stood disposed of as no specific relief was sought in the plaint regarding the date of civil death.

Janki Bai Vs the Sub Area Manager — Succession and Inheritance | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Civil Revision No. 20 of 2023

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Janki Bai, W/o Ramvriksha, aged about 49 years,

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Om Prakash Sonwani, S/o Ramvriksha, aged about 30 years,

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Himendra Kumar Sonwani, S/o Ramvriksha, aged about 25 years,

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Applicants No. 1 to 3 are R/o Village Sawaranwan, Post Girjapur, Tahil Baikunthpur, District Koriya (C.G.)

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Hem Kumari, W/o Manoj, D/o Ramvriksha, aged about 24 years, R/o village Pachira, Post & Tahsil Surajpur, District Surajpur (C.G.)

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---- Revisioners/Applicants

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Versus

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The Sub Area Manager, SECL Jhilmili (Pandavpara) P.S. Patna, Tahsil Baikunthpur, District Koriya (C.G.)

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The Chief General Manager, SECL Baikunthpur Area, District Koriya (C.G.)

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The Area Labour Commissioner Coal Mines Provident Fund, Seepat Road, SECL Head Office Bilaspur (C.G.)

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The Area Labour Commissioner, Central Government, Tokha Naka, Bilaspur (C.G.)

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The State of Chhattisgarh, Through : the Collector District Koriya, Baikunthpur (C.G.)

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The Superintendent of Police, Baikunthpur, Distt. Koriya (CG)

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General Public

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----Respondents/Non-applicants

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For Revisioners : Mr. Ashok Kumar Shukla, Advocate.

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For Respondents No. 1 & 2

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: Mr. H.B. Agrawal, Senior Advocate assisted by Mr. Amit Tirky, Adv.

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For Respondents No. 5 & 6

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: Mr. R.M. Solapurkar, Govt. Advocate.

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Hon'ble Mr. Justice N.K. Chandravanshi

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Order On Board

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14-06-2023

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Heard on I.A. No. 1/2023, which is an application of condonation of delay in filing the instant civil revision.

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For the reasons stated in the application and pursuant to the Civil Revision No. 85/2022 & M.C.C. No. 613 of 2022 preferred by the applicants for the instant relief, application (I.A. No. 1/2023) is allowed. Delay in filing the instant civil revision is hereby condoned.

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Also heard on admission.

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Perusal of the record would show that earlier the applicants had preferred Civil Revision No. 85 of 2022 (Janki Bai & others Vs. The Sub Area Manager, SECL Jhilmili & others), which was dismissed by this Court vide order dated 04.11.2022 at the motion stage itself. Subsequently, the applicants had preferred M.C.C. No. 613 of 2022 (Janki Bai & others v. The Sub Area Manager, SECL, Jhilmili (Pandavpara) & others), whereby prayer made by applicants had allowed and they were permitted to challenge the order dated 15.09.2021 passed by learned trial Court, which had passed earlier i.e. prior to order dated 4.11.2022 passed by the trial Court, which was challenged in Civil Revision No. 85/2022. Vide order dated 23.11.2022 passed in M.C.C. No. 613 of 2022, the applicants were granted liberty to challenge order dated 15.09.2021, hence, as submitted by learned counsel for the applicants that they filed instant civil revision.

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Perused the impugned order dated 15.09.2021 passed by First Civil Judge, Class-I, Baikunthpur, District Koriya (C.G.) in Misc. Civil Suit No. 02/2019.

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Perusal of the impugned order dated 15.09.2021 and the plaint filed by the applicants specifically show that any specific relief had not been sought in the plaint that since when civil death of Ramvriksha Sonwani be declared, therefore, in the impugned judgment & decree, learned trial Court has only declared civil death of Ramvriksha Sonwani without specifying any date.

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It is also pertinent to mention here that if any specific date has not been mentioned in this regard in the judgment & decree, then in such a situation, civil death of Ramvriksha Sonwani can be considered from the date of judgment & decree passed by the learned trial Court, despite that if applicants wants any modification in the relief clause of the judgment & decree, then proper relief does not lie in the provision contained in Section 152 of the CPC, rather aggrieved party can file an appeal or any review application, as has been correctly relied on by the learned trial Court on the observation made in the case of Dwarka Das v. State of Madhya Pradesh [Appeal (civil) No. 1209 of 1992], decided on 10^th February, 1999.

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With the aforesaid observations, the civil revision stands disposed of.

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Sd/-

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(N.K. Chandravanshi) Judge

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Amit/-

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Janki Bai v. the Sub Area Manager

Case brief

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Janki Bai v. the Sub Area Manager

Case brief

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