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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Mohd.Areeb – Appellant
Versus
Mohd. Ameen & Ors. – Respondents
Miscellaneous Petition No. 6028 of 2022
Decided On : 09-12-2022
Section 151 - Application under Order 39 Rule 1 and 2, CPC - Court directs trial court not to be influenced by observations in impugned order
Fact of the Case:
Petitioner agrees with impugned order except for rejection of application under Section 151 of CPC
Finding of the Court:
Court allows innocuous prayer, directs trial court not to be influenced by observations in impugned order, and disposes of the petition
Issues: Petitioner's grievance with rejection of application under Section 151 of CPC
Ratio Decidendi: Trial court should not be influenced by observations in impugned order while deciding application under Order 39 Rule 1 and 2, CPC
Final Decision: Petition is disposed of with the directed observations
JUDGMENT
Vivek Agarwal, J. - Petitioner's only grievance is that he is in agreement with the impugned order except minor observations made therein rejecting an application under Section 151 of CPC. It is submitted that it may be observed that while deciding the application under Order 39 Rule 1 and 2, CPC, learned 11th Civil Judge, Senior Division, Bhopal shall be influenced by its impugned order dated 28/10/2022 while deciding an application under Section 151, CPC.
2. This innocuous prayer is allowed.
3. It is directed that the trial Court will not be influenced by any of the observations made in the impugned order and shall decide the application under Order 39 Rule 1 and 2, CPC.
4. With the aforesaid observations, this petition is disposed of.
Trial court should not be influenced by observations in impugned order while deciding application under Order 39 Rule 1 and 2, CPC
The court emphasizes the necessity of conducting an inquiry under Section 47 CPC concerning the rival contentions regarding impleadment of parties in execution proceedings.
The court emphasized the necessity for independent consideration of applications under procedural rules, regardless of the outcomes of interconnected applications.
The main legal point established is the need for a liberal approach in allowing amendments to pleadings for just and effective adjudication, and the emphasis that a hyper technical approach should no....
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