Madan Lal Modi (Abated) through Legal Representatives v. Raj Kumar Modi
Case brief
What is this about?
Remand under Order 41 Rule 23-A CPC; setting aside of abatement and substitution of legal representatives (Order XXII CPC); fresh adjudication; family arrangement/partition dated 21.12.1963 acted upon despite arbitration award set aside for insufficiency of stamp (challenge under S.33 Arbitration Act, 1940); subsequent conduct as basis of declaration left open; khasra number and rakba variations in schedules; Order 6 Rule 17 CPC amendment allowed after abatement without hearing heirs; reconstruction of records after 1993 Korba District Court fire; declaration and injunction suit, Civil Suit No. 7-A/2014, 2nd Additional District Judge, Korba; joint Hindu family firm Dhanraj-Dwarikadas; Supreme Court order dated 28.04.2025 in SLP (C) Nos. 7114-7115 of 2025; FA No. 3 of 2023; FA No. 206 of 2019; High Court of Chhattisgarh 2026.
What did the court decide?
FA No.3 of 2023 allowed; impugned judgment and decree dated 14.12.2018 set aside and suit remitted to the trial Court for fresh adjudication; FA No.206 of 2019 disposed of in terms of the judgment and decree passed in FA No.3 of 2023; no order as to costs; Registry to scan records before returning them; parties to appear before the trial Court on 04.05.2026; trial Court at liberty to frame additional issues, permit amendments, documents and evidence, requested to decide preferably within eight months, on a day-to-day basis; pending applications disposed of; decree to be drawn.