Madhya Pradesh High Court
Smt. Suman Agarwal (Bindal) vs Dinesh Goyal @ Pappu on 4 April, 2018
THE HIGH COURT OF MADHYA PRADESH
MP-1695-2018
(SMT. SUMAN AGARWAL (BINDAL) Vs DINESH GOYAL @ PAPPU)
1
Gwalior, Dated : 04-04-2018
Shri N.K. Gupta, learned Sr. counsel with Shri S.D. Singh,
learned counsel for the petitioner.
Issue notice to the respondents on payment of PF within three
working days, failing which the petition shall stand dismissed without sh reference to the Court.
e Learned counsel for the petitioner is directed to serve the ad counsel of the defendant before the trial Court humdust, for which requisites be filed within three days.
Pr Learned counsel for the petitioner relied upon the decisions of a hy the Apex Court in the case of State of Bihar Vs. Modern Tent House reported in (2017) 8 SCC 567 (which related to amendment in WS not ad in plaint) and Chakreshwari Construction (P) Ltd. Vs. Monohar Lal M reported in 2017(5) SCC 212 (where the issue was amendment to the plaint as in case herein) and Revajeetu Builders and Developers Vs. of Narayanswamy and Sons and others reported in 2009 (10) SCC 84 rt and submits that merely on account of non establishment of due ou diligence on the part of plaintiff it was not justified to reject the application under O.6 R.17 of CPC from which proposed to introduce C no new ground or extinguish any defence, but in fact, would have h avoided multiple litigation. ig Meanwhile, proceedings before the trial Court shall remain H stayed.
Let the case be taken up for admission in the week commencing 16th of April, 2018 (SHEEL NAGU) JUDGE 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=9c2d806481e9d8b7ff8929d401b1ea60330bad94 b1cccd25abb02f93949827e0, 2.5.4.45=032100E57F5B31AFDFC94F68274C1151E97EF124 D6D041A9E32D2D71A5A5B6A3314C74, cn=SUNEEL DUBEY Date: 2018.04.04 18:32:30 +05'30' H ig h C ou rt of M ad hy a Pr ad e sh