HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT JABALPUR

Case No.	M.P. No.3302/2018
Parties Name	Suresh Madan and others vs. Manvendra Singh and others
Date of Order	07/09/2022
Bench Constituted	Single Bench : Justice S.A.Dharmadhikari
Judgment delivered by	Justice S.A.Dharmadhikari
Whether approved for reporting	Yes
Name of counsels for parties	R Petitioners by Shri R.P.Agrawal, Senior Advocate with Shri Rahul Gupta, Advocate. espondent No.1 by Shri Radheshyam Tiwari – Advocate) Respondents No.3 and 4 by Shri Rajkamal Chaturvedi – Advocate.
Law laid down	1. Second application under Order VII Rule 11 C.P.C. is maintainable and is not hit by the principles of resjudicata. 2. Provisions of Order VII Rule 11 C.P.C. are not exhaustive and the court has an inherent power to see that frivolous or vexatious litigation are not allowed to consume the time of the Court. 3. When the cause of action is not disclosed in the plaint, the plaint ought to have been rejected. 4. No cause of action accrued to the

plaintiff to file a suit without impleading the original purchaser as a party to the suit, who are still alive.

Significant paragraph 14, 15, 20.

numbers (S.A.Dharmadhikari)

Judge IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI ON THE 07^th OF SEPTEMBER, 2022 MISC. PETITION No. 3302 of 2018 Between:-

1. SURESH MADAN S/O NANDLAL MADAN, AGED ABOUT 67 YEARS, RATH ROAD, HARPALPR THE.NOWGAON, (MADHYA PRADESH)

2. ANURAG MADAN S/O DARSHAN MADAN, AGED ABOUT 39 YEARS, RATH ROAD HARPALPR TEHSIL NOWGAON (MADHYA PRADESH)

3. ABHISHEK ALIAS DAINY MADAN S/O NOT MENTION, AGED ABOUT 41 YEARS, RATH ROAD HARPALPR TEHSIL NOWGAON (MADHYA PRADESH)

4. DHIRAJ KUMAR S/O ADHOK KUMAR MADAN, AGED ABOUT 41 YEARS, RATH ROAD HARPALPR TAHSIL NOWGAON (MADHYA PRADESH)

5. SMT PRAVESH MADAN W/O LATE DARSHAN MADAN, AGED ABOUT 71 YEARS, RATH ROAD HARPALPR TAHSIL NOWGAON (MADHYA PRADESH)

6. SHYAM KUMAR S/O NANDLAL MADAN, AGED ABOUT 55 YEARS, RATH ROAD HARPALPR TAHSIL NOWGAON (MADHYA PRADESH)

7. MITHILESH CHANDRA S/O LAXMANDAS, AGED ABOUT 74 YEARS, HARIHAR ROAD HARPALPUR TAHSIL NAOGAON (MADHYA PRADESH)

8. NARESH CHANDRA S/O LAXMANDAS, AGED ABOUT 51 YEARS, HARIHAR ROAD HARPALPUR TAHSIL NAOGAON (MADHYA PRADESH)

9. RAM KUMAR S/O CHIRANJILAL YADAV, AGED ABOUT 61 YEARS, WARD NO 1 TODI HARPALPUR TAHSIL NOWGAON (MADHYA PRADESH)

10. SHIVNARAYAN S/O CHIRANJILAL YADAV, AGED ABOUT 49 YEARS, WARD NO 1 TODI HARPALPUR TAHSIL NOWGAON (MADHYA PRADESH)

11. PREMNARAYAN S/O CHIRANJILAL YADAV, AGED ABOUT 40 YEARS, WARD NO 1 TODI HARPALPUR TAHSIL NOWGAON (MADHYA PRADESH)

12. PANKAJ AGRAWAL S/O PRAYAGNARAYAN, AGED ABOUT 51 YEARS, CHHATARPUR TAHSIL (MADHYA PRADESH)

13. SUSHIL KUMAR S/O DWARIKA PRASAD AGRAWAL, AGED ABOUT 56 YEARS, CHHATARPUR TAHSIL (MADHYA PRADESH)

14. SMT SAVITRI W/O SHREEPAT SAHAY SHUKLA, AGED ABOUT 55 YEARS, CHHATARPUR TAHSIL (MADHYA PRADESH)

15. SMT VIJAY W/O MITHILESH AGRAWAL, AGED ABOUT 69 YEARS, HARPALPUR TEHSIL (MADHYA PRADESH)

16. KISHORI KUSHWAHA S/O WANSH GOPAL KUSHWAHA, AGED ABOUT 35 YEARS, HARPALPUR TEHSIL NOWGAON (MADHYA PRADESH)

17. BRIJ KISHORE KUSHWAHA S/O WANSH GOPAL KUSHWAHA, AGED ABOUT 32 YEARS, HARPALPUR TEHSIL NOWGAON (MADHYA PRADESH)

.....PETITIONER (BY SHRI R.P.AGRAWAL – SENIOR ADVOCATE WITH SHRI RAHUL GUPTA - ADVOCATE )

AND

1. MANVENDRA SINGH S/O LATE YADAVENDRA SINGH, AGED ABOUT 67 YEARS, ALIPURA TEH. NOWGAON, (MADHYA PRADESH)

2. STATE OF MP THROUGH COLLECTOR CHHATARPUR (MADHYA PRADESH)

3. SMT USHA RAI W/O JAGDISH PRASAD RAI, AGED ABOUT 67 YEARS, IN FRONT OF PURANI KOTWALI HARPALPUR TAHSIL NOWGAON (MADHYA PRADESH)

4. SMT CHHOTELAL DADARYA S/O SARMANLAL DADARIYA, AGED ABOUT 61 YEARS, HARIHAR ROAD NEAR NAGARIYA MEDICAL STORE HARPALPUR TAHSIL NOWGAON (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT NO.1 BY SHRI RADHESHAYAM TIWARI –

ADVOCATE )

(RESPONDENTS NO.3 AND 4 BY SHRI RAJKAMAL CHATURVEDI - ADVOCATE)

This petition coming on for admiss

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