Dismissed

Ganga Ram and Ors. v. Shrimati Lada Devi and Ors.

Rajasthan HC2 May 2019CW/3207/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the trial court's acceptance of a separate application by plaintiffs to include material particulars regarding disputed land. The court held that plaintiffs must amend the plaint as per the trial court's date 09.10.2017 directions.

What did the court decide?

Orders dated 11.01.2018 and 8.11.2017 set aside; plaintiffs directed to file amended plaint; trial court to take record on amended plaint.

Ganga Ram and Ors. Vs Shrimati Lada Devi and Ors. — Landlord and Tenant | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3207/2018

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Ganga Ram Son Of Late Shri Ramkuwar

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Om Prakash Son Of Late Shri Ramkuwar

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Jagdish Son Of Late Shri Ramkuwar

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Chotu Son Of Late Shri Ramkuwar, All Resident Of Ward Number 18, Nagar Nigam Area Village Dhavas, Ajmer Road, Jaipur.

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----Petitioners-Defendants

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Versus

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Shrimati Lada Devi Wife Of Late Shri Ram Pal

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Babulal Son Of Late Shri Ram Pal

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Ramniwas Son Of Shri Ram Pal

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Mukesh Son Of Shri Ram Pal, All By Caste Raigar, President Of Ward Number 18, Nagar Nigam Area, Village Dhavas, Ajmer Road, Jaipur.

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----Respondents-plaintiffs

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For Petitioner(s) : Mr. Ram Chandra For Respondent(s) : Mr. Gajendra Vyas

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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02/05/2019

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Petitioners by way of this writ petition assails the action of the court below in accepting the application for bringing on record the material particulars which were required to be part of the plaint for which objection was raised by the petitioner by moving an application under Order 6 Rule 2 CPC. Trial Court vide order dated 09.10.2017 had allowed the application moved by the petitioners-defendants with direction to the plaintiffs to accordingly include the material particulars relating to the

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(2 of 2)

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[CW-3207/2018]

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disputed land instead of making amendment in the plaint, and application was moved by the plaintiffs mentioning about the details of the disputed land which has been accepted by the Trial Court. The petitioner thereafter objected to such procedure which was rejected vide order dated 8.11.2018, he again moved a review petition before the trial court which has been rejected vide order dated 11.1.2018 and trial court has accepted the application as noted above.

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Learned counsel for the petitioners submits that there is no provision under CPC to add the facts in the plaint by moving a separate application and the necessary course required to be adopted was to have amended the plaint in terms of the application under Order 6 Rule 2 CPC. This was required as the petitioner would be unable to submit his written statement in relation to the facts mentioned in a separate application.

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Faced with the submission, learned counsel appearing for the plaintiffs prays for time to move an appropriate application for amended plaint incorporating the material particulars as directed by the trial court dated 09.10.2017.

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In view thereof, the writ petition is disposed of with the observation that the petitioners-defendants shall incorporate the material particulars relating to the disputed land in terms of the directions issued by the trial court dated 09.10.2017 is amended plaint and the orders impugned dated 11.01.2018 and 8.11.2017 passed by the trial court are set aside. The trial court is directed to take on record amended plaint and proceed thereafter.

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(SANJEEV PRAKASH SHARMA),J

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Jatin/43

Ganga Ram and Ors. v. Shrimati Lada Devi and Ors.

Case brief

What is this about?

What did the court decide?

Ganga Ram and Ors. v. Shrimati Lada Devi and Ors.

Case brief

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What did the court decide?

What the court decided

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