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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 9th OF JANUARY, 2024
MISC. PETITION No. 3957 of 2018
BETWEEN:-
1.
BRAJVASILAL PATEL S/O SHRI SHESHMANI
PATEL, AGED ABOUT 50 YEARS, OCCUPATION:
AGRICULTURIST
VILLAGE
BADVAR
TEHSIL
GUDH (MADHYA PRADESH)
2.
RAMNARAYAN PATEL S/O SHRI SHESHMANI
PATEL, AGED ABOUT 48 YEARS, OCCUPATION:
AGRICULTURIST R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
3.
SATYA NARAYAN PATEL S/O SHRI SHESHMANI
PATEL, AGED ABOUT 46 YEARS, OCCUPATION:
SERVICE/AGRICULTURIST R/O VILL. BADVAR
TEH.
GUDH
DISTT.
REWA
M.P.
(MADHYA
PRADESH)
4.
RAMCHANDRA PATEL S/O SHRI SHESHMANI
PATEL, AGED ABOUT 42 YEARS, OCCUPATION:
AGRICULTURIST R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
5.
SMT. TERSI PATEL D/O SHRI SHESHMANI PATEL,
AGED ABOUT 40 YEARS, OCCUPATION: HOUSE
WIFE R/O VILL. BADVAR TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
6.
SHAKUNTALA PATEL W/O SHRI SATYA NARAYAN
PATEL, AGED ABOUT 35 YEARS, OCCUPATION:
HOUSE WIFE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
7.
SACHIN PATEL S/O SHRI RAMCHANDRA PATEL,
AGED ABOUT 12 YEARS, OCCUPATION: STUDENT
MINOR THR. HIS NATURAL GUARDIAN FATHER
SHRI RAMCHANDRA PATEL R/O VILL. BADVAR
TEH.
GUDH
DISTT.
REWA
M.P.
(MADHYA
PRADESH)
.....PETITIONERS
1
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 10-01-2024
19:27:26
Signature Not Verified
(BY SHRI SANJEEV KUMAR SINGH -ADVOCATE)
AND
1.
JAGDISH S/O LATE SHRI MANGAL KURMI, AGED
ABOUT 53 YEARS, OCCUPATION: AGRICULTURIST
VILLAGE BADVAR TEHSIL GUDH (MADHYA
PRADESH)
2.
BAIJNATH S/O LATE SHRI MANGAL KURMI,
AGED ABOUT 56 YEARS, R/O VILL. BADVAR TEH.
GUDH DISTT. REWA M.P. (MADHYA PRADESH)
3.
SHIV SHANKAR S/O LATE SHRI BALDEV KURMI,
AGED ABOUT 30 YEARS, R/O VILL. BADVAR TEH.
GUDH DISTT. REWA M.P. (MADHYA PRADESH)
4.
CHHOTNI D/O LATE JAGESHWAR, AGED ABOUT
80 YEARS, OCCUPATION: HOUSE WIFE R/O VILL.
BADVAR TEH. GUDH DISTT. REWA M.P. (MADHYA
PRADESH)
5.
RAM
PRASAD
S/O
LATE
JAGESHWAR
OCCUPATION: AGRICULTURE R/O VILL. BADVAR
TEH.
GUDH
DISTT.
REWA
M.P.
(MADHYA
PRADESH)
6.
RAMDEV S/O LATE SHRI BHAGWAT KURMI,
AGED
ABOUT
50
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
7.
KALI W/O BHOLA, AGED ABOUT 75 YEARS,
OCCUPATION: HOUSE WIFE R/O VILL. BADVAR
TEH.
GUDH
DISTT.
REWA
M.P.
(MADHYA
PRADESH)
8.
SHYAMLAL S/O LATE SHRI BHOLA KURMI, AGED
ABOUT 45 YEARS, OCCUPATION: AGRICULTURE
R/O VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
9.
RAMNARESH S/O LATE SHRI BHOLA KURMI,
AGED
ABOUT
40
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
10.
RAMNIVAS S/O LATE SHRI BHOLA KURMI, AGED
ABOUT 30 YEARS, OCCUPATION: AGRICULTURE
R/O VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
2
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 10-01-2024
19:27:26
Signature Not Verified
(MADHYA PRADESH)
11.
SUKHVANTI W/O SHRI TRIVENI PRASAD KURMI,
AGED ABOUT 60 YEARS, OCCUPATION: HOUSE
WIFE R/O VILL. BADVAR TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
12.
KEDAR PRASAD S/O LATE SHRI TRIVENI PRASAD,
AGED
ABOUT
30
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
13.
FULLI W/O SHRI CHANDRABHAN, AGED ABOUT
40 YEARS, R/O VILL TAMRA TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
14.
JOKHULAL S/O LATE SHRI JAMUNA KURMI,
AGED
ABOUT
58
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
15.
UGRASEN S/O LATE SHRI JAMUNA KURMI, AGED
ABOUT 45 YEARS, OCCUPATION: AGRICULTURE
R/O VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
16.
INDRABHAN PATEL S/O LATE SHRI ROHINI
PRASAD
PATEL,
AGED
ABOUT
40
YEARS,
OCCUPATION: LABOUR R/O VILL. BADVAR TEH.
GUDH DISTT. REWA M.P. (MADHYA PRADESH)
17.
MUNIRAJ PATEL S/O LATE SHRI ROHINI PRASAD
PATEL, AGED ABOUT 35 YEARS, OCCUPATION:
LABOUR R/O VILL. BADVAR TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
18.
ASHA PATEL W/O SHRI BANSHPATI PATEL, AGED
ABOUT 30 YEARS, OCCUPATION: HOUSE WIFE R/O
VILL. DIHI TEH. HUZUR DISTT. REWA M.P.
(MADHYA PRADESH)
19.
USHA PATEL W/O SHRI VINOD PATEL R/O VILL.
PAIKANIYA TEH. CHURHAT DISTT. SIDHI M.P.
(MADHYA PRADESH)
20.
SUGREEV S/O LATE SHRI RAMDAS, AGED ABOUT
53
YEARS, OCCUPATION: AGRICULTURE R/O
VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
3
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 10-01-2024
19:27:26
Signature Not Verified
21.
INDRAPAL S/O LATE SHRI RAMDAS, AGED
ABOUT 45 YEARS, OCCUPATION: SERVICE R/O
VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
22.
MUNNI MAHESH S/O LATE SHRI MOHAN KURMI,
AGED
ABOUT
25
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
23.
GIRIJA PRASAD S/O LATE SHRI DHARMADAS,
AGED
ABOUT
40
YEARS, OCCUPATION:
AGRICULTURE R/O BADVAR TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
24.
PHULJHARIYA W/O LATE SHRI GOKUL KURMI,
AGED ABOUT 60 YEARS, OCCUPATION: HOUSE
WIFE R/O VILL. BADVAR TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
25.
SMT.
CHANDRAVATI
D/O
LATE
SHRI
RAGHUNATH KURMI, AGED ABOUT 60 YEARS,
OCCUPATION: HOUSE WIFE R/O VILL. BADVAR
TEH.
GUDH
DISTT.
REWA
M.P.
(MADHYA
PRADESH)
26.
SUDARSHAN S/O LATE SHRI RAM PRASAD
KURMI, AGED ABOUT 35 YEARS, OCCUPATION:
SERVICE R/O VILL. BADVAR TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
27.
KESHAV SHANKAR S/O LATE SHRI RAM PRASAD
KURMI, AGED ABOUT 30 YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
28.
DWARIKA S/O LATE SHRI RAMDULARE, AGED
ABOUT 50 YEARS, OCCUPATION: AGRICULTURE
R/O VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
29.
MANVATI W/O LATE SHRI BHAIYALAL PATEL,
AGED
ABOUT
55
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
30.
SHIV PRASAD PATEL S/O LATE SHRI BHAIYALAL
PATEL, AGED ABOUT 35 YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
4
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 10-01-2024
19:27:26
Signature Not Verified
31.
RAMNIRANJAN S/O LATE SHRI BHAIYALAL
PATEL, AGED ABOUT 30 YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
32.
AJAY PATEL S/O LATE SHRI BHAIYALAL PATEL,
AGED
ABOUT
28
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
33.
SUNITA PATEL D/O LATE SHRI BHAIYALAL, AGED
ABOUT 25 YEARS, OCCUPATION: HOUSE WIFE R/O
VILL. NADAGAON TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
34.
RANNU D/O LATE SHRI BHAIYALAL, AGED ABOUT
22 YEARS, OCCUPATION: HOUSE WIFE R/O VILL.
GANNORE TEH. CHURHAT DISTT. SIDHI M.P.
(MADHYA PRADESH)
35.
BUDDHASEN S/O LATE SHRI RAMCHANDRA,
AGED
ABOUT
50
YEARS, OCCUPATION:
AGRICULTURE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
36.
RAMMILAN S/O LATE SHRI RAMANAND, AGED
ABOUT 35 YEARS, OCCUPATION: AGRICULTURE
R/O VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
37.
BHAGWANDEEN S/O LATE SHRI KALU KURMI,
AGED ABOUT 60 YEARS, OCCUPATION: SERVICE
R/O VILL. BADVAR TEH. GUDH DISTT. REWA M.P.
(MADHYA PRADESH)
38.
MUNNI PATEL W/O LATE SHRI JAGDISH PRASAD
PATEL, AGED ABOUT 55 YEARS, OCCUPATION:
HOUSE WIFE R/O VILL. BADVAR TEH. GUDH
DISTT. REWA M.P. (MADHYA PRADESH)
39.
SANTOSH
PATEL
S/O
LATE
SHRI
JAGDISH
PRASAD
PATEL,
AGED
ABOUT
26
YEARS,
OCCUPATION: LABOUR R/O VILL. BADVAR TEH.
GUDH DISTT. REWA M.P. (MADHYA PRADESH)
40.
OM PRAKASH S/O LATE SHRI JAGDISH PRASAD
PATEL, AGED ABOUT 22 YEARS, OCCUPATION:
LABOUR R/O VILL. BADVAR TEH. GUDH DISTT.
REWA M.P. (MADHYA PRADESH)
5
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 10-01-2024
19:27:26
Signature Not Verified
41.
GUDIYA PATEL D/O LATE SHRI JAGDISH PRASAD
PATEL, AGED ABOUT 35 YEARS, R/O SIRMOUR
CHOURAHA REWA DISTT. REWA M.P. (MADHYA
PRADESH)
42.
MAMTA PATEL D/O LATE SHRI JAGDISH PATEL
R/O INDORE M.P. (MADHYA PRADESH)
43.
SAVITA PATEL D/O LATE SHRI JAGDISH PATEL,
AGED ABOUT 28 YEARS, R/O VILL. DUARI TEH.
GUDH DISTT. REWA M.P. (MADHYA PRADESH)
44.
POOJA PATEL D/O LATE SHRI JAGDISH PATEL,
AGED ABOUT 20 YEARS, R/O VILL. DIHI TEH.
HUZUR DISTT. REWA M.P. (MADHYA PRADESH)
45.
INDARANIYA W/O LATE MAHAVEER PATEL,
AGED ABOUT 60 YEARS, OCCUPATION: HOUSE
WIFE N.S. (MADHYA PRADESH)
46.
JAGJEEVAN S/O LATE SHRI MAHAVEER PATEL,
AGED ABOUT 40 YEARS, OCCUPATION: HOUSE
WORK N.S. (MADHYA PRADESH)
47.
CHANDRAMANI S/O LATE SHRI MAHAVEER
PATEL, AGED ABOUT 36 YEARS, OCCUPATION:
AGRICULTURE N.S. (MADHYA PRADESH)
48.
HARENDRA S/O LATE SHRI MAHAVEER PATEL,
AGED
ABOUT
30
YEARS, OCCUPATION:
AGRICULTURE N.S. (MADHYA PRADESH)
49.
STATE OF MADHYA PRADESH THR. COLLECTOR
REWA DISTT. REWA M.P. (MADHYA PRADESH)
.....RESPONDENTS
( BY SHRI JAGJIWAN LAL MISHRA - ADVOCATE)
This petition coming on for admission this day, the court passed the
following:
Though, this petition is filed challenging several orders, learned counsel for the petitioners fairly admits that on 31/8/18 he restricted his challenge to theorder dated 21.12.2017 whereby an apllication under Order 14 Rule 2 CPC was dismissed. He did not press petition against other orders. Threrefore, with the consent of the parties this case is taken up for hearing only to consider the validity and correctness of the order dated21.12.2017 passed by learned 4th Aditional District Judge , Rewa dciding an application under Order 14 Rule 2 of the CPC.
It is not in dispute that the petitioner who are defendants 1 to 3 before the trial Court had filed an application under Order 14 Rule 5 of the CPC whichwas dismissed vide order dated 6.5.2016. Shri Sanjeev Singh submits that thisorder dated 6.5.2016 was not put to challenge before any superior Court. The application under Order 14 Rule 2 of the CPC says that since a preliminary objection was taken in regard to the provisions contained in Order 2 Rule 2 of the CPC, therefore, application under Order 14 Rule 2 CPC should have been allowed and preliminary issue in regard to maintainability of the suit in view of the provisions contained in Order 2 Rule 2 CPC, should have been decided first.
Though orally Shri Sajeev Singh submits that plea of res judicata was taken but he fairly submits that he is not in possession of any document to substantiate that plea of res of judicata was taken. That was the bone of the contention. In fact, the application contained in Annexure P-4 also does not make any mention of plea of res judicata to be tried as a preliminary issue.
Law in this behalf is crystal clear. The Madras High Court in the case ofS.G. Badrinath v. Jagannathan and Another, AIR 2004 Madras 161 wherein it is held that consideration of an issue and its disposal as a preliminary issue has, after the 1976 amendment, been made permissible only in limited case. Those issues are of law relate to (i) the jurisdiction of the Court; or (ii) a bar of the suit created by any law for the time being in force. As far as (VIVEK AGARWAL) JUDGE jurisdiction of the Court is concerned, that is not covered under Order 2 Rule 2 which was a plea taken in the application under Order 14 Rule 2 of the CPC.
As far as suit being barred by any law is concerned, for that application under Order 7 Rule 11 of the CPC is maintainable and not application under Order 14 Rule 2 of the CPC and when examined from this angle then the application was clearly misconceived with an idea to delay the proceeding in the suit.
Accordingly, when the impugned order is tested, it cannot be foundfaulted with. Hence, the petition fails and is dismissed. The interim order granted earlier by a Coordinate Bench is hereby vacated.
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