Dismissed

Smt. Anita Upadhyay v. Smt. Vilay Laxmi

Chhattisgarh HC12 Nov 2024WP227/202/2020

Case brief

AI extract

What is this about?

Plaintiff challenged the trial court's order allowing an amendment to conform a counter claim with Order 8 Rule 6A CPC. The High Court found no illegality or infirmity in the impugned order and dismissed the writ petition.

What the court decided

AI extract

Smt. Anita Upadhyay Vs Smt. Vilay Laxmi — Property and Title | Chhattisgarh HC (2024)

1 / 3

2024:CGHC:44141

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

W.P(227) No.202 of 2020

¶6

Smt. Anita Upadhyay W/o Shri Mahesh Upadhyay Aged About 47 Years D/o Late Bhanu Prasad Tiwari, R/o Laxmi Nagar, House No.3/80, Pachpedi Naka, Raipur, District Raipur Chhattisgarh. ... Petitioner

¶7

versus

¶8

1 - Smt. Vilay Laxmi Wd/o Late Mahesh Mishra Aged About 45 Years D/o Late Shri Bhanu Prasad Tiwari, R/o Piperchhedi Kala, Tahsil Bindranawagarh, District Gariyaband Chhattisgarh.

¶9

2 - Smt. Pushpalata W/o Shri Somdatt Mishra D/o Late Shri Bhanu Prasad Tiwari, R/o Polytechnic College Baidhan, District Singrouli Madhya Pradesh.

¶10

Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2024.11.13 14:58:30 +0530

¶11

3 - State Of Chhattisgarh Through The Collector Gariyaband Chhattisgarh. ... Respondents For Petitioner : Shri Raghavendra Pradhan, Advocate. For Respondent : Shri Mohamnad Afroz Athar, Advocate. No.1 through Video Conferencing For Respondent : Shri Santosh Soni, G.A. No.3/State

¶12

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

¶13

2 / 3

¶14

13.11.2024

¶15

This Petition has been filed assailing the order dated 07.01.2020 passed by the Civil Judge, Class-1, Gariyaband in Civil Suit No.17-A/2014 whereby, the applications under Order 8 Rule 1-A as well as under Order 6 Rule 17 CPC were allowed.

¶16

Necessary facts for adjudication of this case are that the Petitioner/Plaintiff has filed a suit for declaration and permanent injunction and also for declaration that sale deed dated 01.08.2006 is not binding on her. Respondent No.1/Defendant has filed a separate counter claim and thereafter, issues were framed and the case was fixed for Defendants’ evidence and later on, the proposed application has been filed, which has been allowed. Hence, this Petition.

¶17

Shri Pradhan submits that the proposed amendment, which has been allowed by the trial Court is not sustainable as the amendment could not satisfy the parameters prescribed under the proviso to Order 6 Rule 17 CPC and no explanation has been offered therein and prays to allow the Petition.

¶18

Alternatively, learned Counsel for Respondent No.1 submits that earlier, a counter claim has been filed separately though as per the mechanism of CPC, under Order 8, the counter claim has to be pleaded in the manner prescribed under Rule-6A and to correct the same, the said amendment has been brought in the written statement and no new material was pleaded and the said fact has also been explained in the application.He further submits that however, the amendment application

¶19

3 / 3

¶20

has been allowed by imposing a cost of Rs.5,000/- and prays to dismiss the Petition.

¶21

Heard learned Counsel for the parties and gone through the documents annexed herewith carefully.

¶22

Perusal of the proposed amendment application and the reasons assigned therein shows that earlier, a separate counter claim by way of a cross suit has been filed and only to correct the same, the proposed application has been filed to satisfy the ingredients prescribed under Order 8 Rule 6A CPC and it is explicit that the trial Court has also assigned reasons that if the same is not allowed, multiplicity of the proceeding could happen.

¶23

Considering all the above aspects, this Court is of the considered opinion that there is no illegality or infirmity in the order impugned warranting any interference invoking writ jurisdiction and as such, the instant Petition fails and is hereby dismissed.

¶24

Sd/-

¶25

(Deepak Kumar Tiwari)

¶26

Priya

Smt. Anita Upadhyay v. Smt. Vilay Laxmi

Case brief

What is this about?

What the court decided

Smt. Anita Upadhyay v. Smt. Vilay Laxmi

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Basant Kumar Tiwari Vs Taiyyab Khokhar

Ksk Mahanadi Power Company Limited Vs Bijulmati Gond

Parmanand Vs Kamla Bai

Saurabh Agrawal Vs Shriram Transport Finance Co.Ltd.

Saurabh Agrawal Vs Shriram Transport Finance Co.Ltd.

Smt. Punai Bai Vs Kartikram