Digitally signed YOGESH by YOGESH TIWARI TIWARI Date: 2025.09.26

2025:CGHC:49258 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 212 of 2025 Order reserved on 29.08.2025 Order delivered on 25.09.2025 Sanjay Kediya S/o Late Shri Hariram Kediya Aged About 55 Years Caste Agrawal, Presently R/o Flat No. 604, HR-3, Shrikrishna Sharnam, Opposite Of Kripalu Hospital, Vrindavan, District Mathura (U.P.), R/o Baradwar Tahsil And District Sakti (C.G.)

--- Applicant versus

1 - Saroj Kediya D/o Late Shri Hariram Kediya Aged About 56 Years Caste Agrawal, R/o Baradwar, Tahsil And District Sakti (C.G.) Through Next Friends Sharad Kediya, S/o Shri Omprakash Kediya, Aged 41 Years, R/o Baradwar, Tahsil And District Sakti (C.G.)

2 - Omprakash Kediya S/o Late Shri Hariram Kediya Aged About 62 Years Caste Agrawal, R/o Baradwar, Tahsil And District Sakti (C.G.)

3 - State of Chhattisgarh Through District President, Sakti, District Sakti (C.G.)

--- Non-applicants CR No. 206 of 2025 Sanjay Kediya S/o Late Shri Hariram Kediya Aged About 55 Years Caste- Agrawal, Presently R/o Flat No. 604, HR-3, Shrikrishna Sharnam, Opposite Of Kripalu Hospital, Vrindavan, District- Mathura (U.P.) R/o Baradwar Tahsil And District- Sakti (C.G.)

---Applicant Versus

1 - Saroj Kediya D/o Late Shri Hariram Kediya Aged About 56 Years Caste- Agrawal, R/o Baradwar, Tahsil And District Sakti (C.G.) Through Next Friends Sharad Kediya, S/o Shri Omprakash Kediya, Aged 41 Years, R/o Baradwar, Tahsil And District- Sakti (C.G.)

2 - Omprakash Kediya S/o Late Shri Hariram Kediya Aged About 62 Years Caste- Agrawal, R/o Baradwar, Tahsil And District- Sakti (C.G.)

3 - State of Chhattisgarh Through District President, Sakti, District- Sakti (C.G.)

... Non-applicants (Cause-title taken from Case Information System)

Hon’ble Shri Amitendra Kishore Prasad, Judge

CAV Order

1. Since common questions of law and fact are involved in the present set of civil revisions, they have been clubbed together for the sake of convenience. Accordingly, both the revisions have been heard analogously and are now being disposed of by this common order.

2. By filing CR No.212/2025, the applicant has prayed for following relief(s):-

“It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow the instant revision and quash the order dated 01/05/2025 passed by the District Judge (F.T.C.), Sakti, District- Janjgir-Champa (C.G.) passed in Civil Suit No. 01-A/2024 by which the application of the plaintiff Under Order 32 Rule 1 of the Code of Civil Procedure, 1908 was allowed in the interest of justice.”

3. By filing CR No.206/2025, the applicant has prayed for following relief(s):-

“It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow the instant revision and quash the order dated 01/05/2025 passed by the District Judge (F.T.C.), Sakti, District- Janjgir Champa (C.G.) passed in Civil Suit No. 01-A/2024 by which the application of the defendant no.1 under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 was rejected in the interest of justice.”

4. Civil Revision No.212/2025 has been filed by the applicant/defendant No.1 assailing the order dated 01/05/2025 passed by the District Judge (F.T.C.), Sakti, District Janjgir- Champa (C.G.) in Civil Suit No.01-A/2024, whereby the application under Order 32 Rule 1 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) filed by non-applicant No.1/plaintiff was allowed and Shri Sharad Kediya was appointed as the next friend of the non-applicant No.1/plaintiff.

5. Civil Revision No.206/2025 has been filed by the applicant/defendant No.1 assailing the order dated 01/05/2025 passed by the District Judge (F.T.C.), Sakti, District Janjgir- Champa (C.G.) in Civil Suit No.01-A/2024, whereby the application filed by the applicant/defendant No.1 under Order 7 Rule 11(d) CPC was rejected on technical grounds.

6. The applicant herein is defendant No.1 before the Trial Court;

non-applicant No.1 is the plaintiff, while non-applicants No.2 and 3 were defendants