Madhya Pradesh High Court
Rambai Pali vs Ramkumar Pali on 25 January, 2023
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 25 th OF JANUARY, 2023
MISC. PETITION No. 3215 of 2018
BETWEEN:-
1. RAMBAI PALI W/O LATE SHRI BABU LAL PALI,
AGED ABOUT 80 YEARS, OCCUPATION: NIL
2. GOPAL PALI S/O LATE BABU LAL PALI, AGED
ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST
LATE BABU LAL PALI
3. URMILA PALI W/O NAND KISHORE, AGED ABOUT
52 YEARS, OCCUPATION: HOUSEWIFE LATE BABU
LAL PALI
4. LEELA PALI W/O AJAY PALI, AGED ABOUT 51
YEAR S, OCCUPATION: HOUSEWIFE LATE BABU
LAL PALI
5. LAXMI PALI W/O AJAY PALI, AGED ABOUT 45
YEAR S, OCCUPATION: HOUSEWIFE LATE BABU
LAL PALI
[PETITIONERS 3 TO 5 ARE D/O LATE SHRI BABU
LAL PALI, THROUGH GOPAL PALI, HOUSE NO 2907
SARKARI KUNWA, MARGHATAI ROAD,
GHAMAPUR DISTRICT JABALPUR (MADHYA
PRADESH)]
.....PETITIONERS
(BY MS. PRIYANKA TIWARI, ADVOCATE)
AND
1. RAMKUMAR PALI S/O TULARAM PAL I, AGED
ABOUT 55 YEARS, OCCUPATION: SERVICE HOUSE
NO. 3290 LALMATI SIDHBABA ROAD BEHIND
CHACHA KIRANA LALMATI JABALPUR (MADHYA
PRADESH)
2. STATE OF MP THROUGH THE COLLECTOR
JABALPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 1/27/2023
1:43:13 PM
2
3. BADRI PALI S/O BABU LAL PALI, AGED ABOUT 55
YE A R S , S AR KAR I K U N WA M AGHATAI ROAD
LALMATI GHAMAPUR (MADHYA PRADESH)
4. BALIRAM (DEAD) THROUGH LRS.
4-A CHANDABAI W/O BALIRAM, AGED ABOUT 45
YEAR S , HOUSE NO 104, STAR DREAM CITY,
PADARIYA, SAMADHI ROAD, GAUR, DISTRICT
JABALPUR (MADHYA PRADESH)
4-B MISS LAXMI W/O BALIRAM, AGED ABOUT 24
YEAR S , R/O IN FRONT OF DEVRI RAILWAY
STATION, PANAGAR, DISTRICT JABALPUR
(MADHYA PRADESH)
4-C DILIP S/O BALIRAM PALI, AGED ABOUT 22 YEARS,
HOUSE NO 104, STAR DREAM CITY, PADARIYA,
SAMADHI ROAD, GAUR, DISTRICT JABALPUR
(MADHYA PRADESH)
5. KISHAN LAL S/O TULARAM, AGED ABOUT 32
YEARS,
6. BHAGCHAND W/O TULARAM PALI, AGED ABOUT
30 YEARS,
(BOTH RESPONDENTS 5 & 6 ARE R/O LALMATI
S I D H B A B A R O A D B EH I N D K A M A L KIRANA
STORE (MADHYA PRADESH)
7. TULARAM (DEAD) THROUGH LRS.
7-A SMT MEERABAI W/O RAMNATH PALI, AGED
ABOUT 53 YEARS, C/O IN THE HOUSE OF MOTILAL
SINGH ,NEAR SHANKARJI KA MANDIR, SIDDH
BABA WARD, JABALPUR M.P. (MADHYA
PRADESH)
7-B SMT RAJKUMARI W/O BHAGWATI PALI, AGED
ABOUT 48 YEARS, R/O VILLAGE CHELARI, POST
LIDYAARI, TEHSIL MEJA, SHANKARGARH,
ALLAHABAD (UTTAR PRADESH)
7-C SMT USHA W/O RAM B AHAD UR PAL, AGED
ABOUT 52 YEARS, VILLAGE CHAILARI POST
LIDYARI TEHSIL MENJA (UTTAR PRADESH)
7-D SMT ASHA W/O RAMASRE PAL, AGED ABOUT 44
YEARS, LALMATI SIDHI BABA ROAD NEAR AATA
CHAKKI (MADHYA PRADESH)
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 1/27/2023
1:43:13 PM
3
7-E SMT SUNITA W/O GHANSHYAM PAL, AGED
ABOUT 28 YEARS, VI LLAG E C H U R I TEHSIL
MAINJA POST SUJNI (UTTAR PRADESH)
8. RAJRAM (DEAD) THROUGH LRS.
8-A RADHA W/O KAILASH P A L QUARTER NO 22
SIGUDA ROAD NO 2 TATANAGAR JAMSHEDPUR
(JHARKHAND)
8-B BHARAT S/O RAJARAM PALI, AGED ABOUT 57
YEARS, NEAR RANHI PS INFRONT OF AKHADA
JABALPUR (MADHYA PRADESH)
8-C JUGUL KISHORE S/O RAJARAM PALI, AGED
ABOUT 50 YEARS, R/O PATHAK WARD, PALI
MOHALLA, KANDELI, NARSINGHPUR, DISTRICT
NARSINGHPUR (MADHYA PRADESH)
8-D SHANKAR S/O RAJARA PALI, AGED ABOUT 58
YE A R S , N E A R M A S TA N A H O T E L JABALPUR
(MADHYA PRADESH)
8-E SUSHILA W/O PANCHAM LAL PALI, AGED ABOUT
55 YEARS, N EAR M ASTAN A HOTEL JABALPUR
(MADHYA PRADESH)
8-F SAKUN PALI W/O BALLU PALI, AGED ABOUT 53
YE A R S , N E A R M A S TA N A H O T E L JABALPUR
(MADHYA PRADESH)
8-G SMT REKHA PAL W/O VIJAY PALI, AGED ABOUT
46 YEARS, S A R K A R I K U N W A GHAMAPUR
(MADHYA PRADESH)
9. KASTURI BAI (DEAD) THROUGH LRS SMT SAKUN
9-A W/O LATE RAMDULARE PALI, AGED ABOUT 58
YEARS,
9-B KISHOREKANT, W/O RAMDULARE PALI, AGED
ABOUT 37 YEARS,
9-C KAMAL S/O LATE RAMDULARE PALI, AGED
ABOUT 35 YEARS,
9-D SMT NIRMALA W/O NANDKISHORE PALI, AGED
ABOUT 30 YEARS,
9-E ANURAG S/O NANDKISHORE PALI, AGED ABOUT 9
YEARS,
Signature Not Verified
Signed by: RASHMI
RONALD VICTOR
Signing time: 1/27/2023
1:43:13 PM
4
9-F CHANDRAKANT S/O RAMDULARE PALI, AGED
ABOUT 31 YEARS,
9-G SAVITA S/O RAMDULARE PALI, AGED ABOUT 23
YEARS,
(RESPONDENTS 9(A) TO (G) ARE R/O NEAR
NIRMALA SILAI CENTRAL SARASWATI MANDIR
N E A R T U L S I N A G A R RANJHI, JABALPUR
(MADHYA PRADESH)
9-H PRABHA W/O PRAMOD PALI, AGED ABOUT 28
YE A R S , UJ AR PURWA RANITAL MARGHATAI
ROAD (MADHYA PRADESH)
9-I PRITI W/O SUNDAR LAL YADAV, AGED ABOUT 27
YEAR S , NEAR PURANA PO WER HOUSE AGRA
MOHALLA (MADHYA PRADESH)
9-J SARITA W/O GANESH YADAV, AGED ABOUT 25
YEAR S, KAN CH M AN D IR TIKARIYA MOHALLA
PANNA (MADHYA PRADESH)
9-K KAMLABAI W/O JUGAL JISHOR E PALI, AGED
ABOUT 60 YEARS, PAT H A K WARD KARELI
(MADHYA PRADESH)
10. SMT PUTTOBAI D/O HIRALAL P A L I W/O
RAJARAM PALI, AGED ABOUT 68 YEARS, NEAR
PILI NADI MANDIR (MAHARASHTRA)
11. SMT RUKHMANI PALIW W/O HIRALAL PALI W/O
NEEMAR PALI, AGED ABOUT 66 YEARS,
YAWATMAL MAHARATRA (MAHARASHTRA)
.....RESPONDENTS
(BY SHRI R.B. TIWARI, ADVOCATE)
(BY SHRI SIDDHARTH SHARMA, PANEL LAWYER)
T h is petition coming on for order this day, t h e cou rt passed the
following:
ORDER
This miscellaneous petition has been preferred by the plaintiffs challenging the order dated 18/06/2018, passed by 1st Civil Judge Class-II, Sehora, District Jabalpur in Civil Suit No.5-A/2018, whereby application under Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 1/27/2023 1:43:13 PM 5 Order 6 Rule 17 CPC filed by the plaintiffs has been dismissed on the ground that the proposed amendment will change the nature of suit.
2. Learned counsel for the petitioners submits that the case is at the stage of evidence of the plaintiffs and after framing of issues, the evidence of the plaintiffs has yet not commenced. Learned counsel submits that the original suit is for declaration of title and permanent injunction on the basis of previous partition and by way of amendment, the plaintiffs want to propose amendment to the effect that in case the plea of previous partition is not accepted then the property be partitioned according to the shares of the parties. Accordingly, she submits that the proposed amendment will not change the nature of suit.
3. Learned counsel for the respondents opposed the prayer made on behalf of the petitioners and submit that there is no illegality in the impugned order.
4. Heard learned counsel for the parties and perused the record.
5. The original suit has been filed for declaration of title and permanent injunction with the contention that after death of Hiralal, there was partition in the family and the disputed lands were given to Babulal. By way of application under Order 6 Rule 17 CPC, the plaintiffs want to propose amendment to the effect that in case it is not found that partition was effected previously then the property be partitioned according to shares of the parties.
6. As such, in my considered opinion, the proposed amendment will not change the nature of suit in any manner. Resultantly, the application under Order 6 Rule 17 CPC (Ann.P/4) dated 06/03/2018 is allowed and by setting aside the impugned order, learned trial Court is directed to permit the plaintiffs to incorporate the proposed amendment in the plaint.
7. With the aforesaid observation, this miscellaneous petition is allowed Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 1/27/2023 1:43:13 PM 6 and disposed off.
8. Interim application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL) JUDGE RS Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 1/27/2023 1:43:13 PM