Allowed

Chitranjan Mandal v. Kumud Ranjan Samant Roy

Jharkhand HC7 Nov 2022C.M.P./312/2022

Case brief

AI extract

What is this about?

High Court of Jharkhand allowed a civil miscellaneous petition filed under Article 227. The Court set aside the lower court's order rejecting the petitioner's request to implead parties and amend the plaint, holding that these constitute a single relief.

What did the court decide?

Impugned order of Civil Judge set aside; Court directed to pass order afresh after hearing parties.

Chitranjan Mandal Vs Kumud Ranjan Samant Roy — Property and Title | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C. M. P. No. 312 of 2022

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Chitranjan Mandal … …. Petitioner

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Versus

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Kumud Ranjan Samant Roy

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Sumitra Mandal … …. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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----For the Petitioner : Mr. Anjani Kumar, Advocate For the Opp. Parties :

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Oral Order

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08 / Dated : 07.11.2022

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The instant civil misc. petition has been filed under Article 227 of the Constitution of India for quashing the order dated 05.03.2020 passed by the Civil Judge (Senior Division-I), Chaibasa in Title Suit No. 18 of 2013 by which the application of the petitioner dated 26.06.2019 filed under Order 1 Rule 10 as well as under Order VI Rule 17 of C.P.C. read with Section 151 of C.P.C. has been rejected merely on the ground that the prayer for two reliefs cannot be incorporated in one petition.

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Learned counsel for the petitioner submits that the petitioner is the plaintiff and the suit has been filed for declaration of title and for cancellation of the sale deed executed by defendant no. 2 in favour of defendant no. 3.

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The petitioner filed the petition dated 26.06.2019 for impleading Amulya Mandal, Kush Mandal and Abhimanu Mandal in the suit, under Order 1 Rule 10 of C.P.C. as well as for the permission to amend the plaint in the cause title by inserting their names..

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Learned Court below appears to have taken a hyper technical legal view by rejecting the petition on the ground that both the prayer of impleading the plaintiffs as well as by inserting the names by amendment cannot be allowed in the same petition. The amendment of plaint is a natural corollary of Order 1 Rule 10 of C.P.C. for impleading any party.

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Under the circumstance, it cannot be called two reliefs but amendment is only a sequel to the first relief.

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The impugned order is set aside.

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Learned Court below is directed to pass order afresh after hearing the

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parties.

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This civil misc. petition is allowed.

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(Gautam Kumar Choudhary, J . )

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AKT

Chitranjan Mandal v. Kumud Ranjan Samant Roy

Case brief

What is this about?

What did the court decide?

Chitranjan Mandal v. Kumud Ranjan Samant Roy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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