Madhya Pradesh High Court
Shanti Lal vs Smt. Saroj Gupta on 13 November, 2018
1
MP No.5268/2018
THE HIGH COURT OF MADHYA PRADESH
MP No.5268/2018
(Shantilal & others Vs. Smt. Saroj Gupta & Others)
Gwalior, Dated : 13/11/2018
Shri M. L. Sharma, learned counsel for the
petitioners.
Shri Santosh Agrawal, learned counsel for the
respondents.
1. The supervisory jurisdiction of this Court under Article 227 of the Constitution is invoked to assail the interlocutory order dated 04.10.2018 (Annexure P/1) passed in C.S. 14A/2015 by Chief Judicial Magistrate Class-I Morena (M.P.) whereby an application for amendment under Order 6 Rule 17 CPC preferred by the defendants has suffered dismissal in a suit for eviction filed on the ground of non payment of arrears of rent. The application for amendment under Order 6 Rule 17 CPC was preferred by the defendants to bring on record certain pleadings to merely elaborate and explain the pleadings already on record.
2. The said attempt to amend the WS was denied by the Court below by the impugned order.
3. It seems that the trial in question had commenced by filing affidavits under Order 18 Rule 4 CPC and therefore, the bar contained in proviso to Order 6 Rule 17 CPC had come into play.
2 MP No.5268/20184. The reason assigned by the learned trial Judge for dismissing the application for amendment in the WS does not appear to be unreasonable or of such nature which may lead to grave injustice, if sustained.
5. After hearing learned counsel for the rival parties, this Court is of the considered view that the finding recorded by the Courts below may not be the most appropriate one in the given facts and circumstances but is a view which could be taken in the available prima facie material on record and therefore, even if in the strict sense the impugned orders may be erroneous but the same have been passed by rightful exercise of the jurisdiction vested in the courts below and thus cannot be found fault with.
6. In view of above, in the absence of any jurisdiction transgression on its limits, this Court declines interference and therefore, the petition stands dismissed.
(Sheel Nagu) Judge (13 /11/2018) suneel SUNEEL Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=9c2d806481e9d8b7ff8929d401b1ea603 DUBEY 30bad94b1cccd25abb02f93949827e0, 2.5.4.45=032100E57F5B31AFDFC94F68274C115 1E97EF124D6D041A9E32D2D71A5A5B6A3314C 74, cn=SUNEEL DUBEY Date: 2018.11.14 10:57:15 +05'30'