IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL ON THE 16^th OF NOVEMBER, 2022 MISC. PETITION No. 4348 of 2022 BETWEEN:-

DR. SUDHEER MEHROTRA UPAKHYA SUDHEER TANDAN S/O LATE HARNATH TANDAN, AGED ABOUT 51 YEARS, OCCUPATION: CASTE HINDU DUTTAK S/O LATE BABU SHARDA PRASAD MEHROTRA OCCUPATION DOCTOR OLD POWER HOUSE P.S. CITY KOTWALI SATNA TEHSIL RAGHURAJ NAGAR DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONER (BY MS. SHRADDHA TIWARI, ADVOCATE)

AND

1. SMT. RAJNI SINGH W/O LATE RAJBAHADUR SINGH, AGED ABOUT 60 YEARS, OCCUPATION: CASTE HINDU OCCUPATION HOUSE WIFE VILLAGE KOLGAWAN NEAR BRAMHYAKUMARI ASHRAM KRISHNA NAGAR SATNA P.S. KOLGAWAN TEHSIL RAGHURAJ NAGAR DISTRICT SATNA (MADHYA PRADESH)

2. SHRI RAVINDRA SINGH S/O RAJBAHADUR SINGH, AGED ABOUT 32 YEARS, OCCUPATION: CASTE HINDU BUSINESS R/O VILLAGE KOLGAWAN NEAR BRAMHAKUMARI ASHRAM KRISHNA NAGAR SATNA P.S. KOLGAWAN TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P. (MADHYA PRADESH)

3. KU. RAGINI SINGH D/O RAJBAHADUR SINGH, AGED ABOUT 31 YEARS, OCCUPATION: CASTE HINDU SERVICE R/O VILLAGE KOLGAWAN NEAR BRAMHAKUMARI ASHRAM KRISHNA NAGAR SATNA P.S. KOLGAWAN TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P.

(MADHYA PRADESH)

4. KU. RITIKA SINGH S/O RAJBAHADUR SINGH, AGED ABOUT 29 YEARS, OCCUPATION: CASTE HINDU SERVICE R/O VILLAGE KOLGAWAN Signature Not Verified NEAR BRAMHAKUMARI ASHRAM KRISHNA NAGAR SATNA P.S. KOLGAWAN TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P.

(MADHYA PRADESH)

5. SHRI RITURAJ SINGH S/O RAJBAHADUR SINGH, AGED ABOUT 20 YEARS, OCCUPATION: CASTE HINDU BUSINESS/ STUDENT R/O VILLAGE KOLGAWAN NEAR BRAMHAKUMARI ASHRAM KRISHNA NAGAR SATNA P.S. KOLGAWAN TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P. (MADHYA PRADESH)

6. SMT. ANITA TANDAN W/O LATE SUNIL TANDAN, AGED ABOUT 48 YEARS, OCCUPATION: CASTE HINDU HOUSEWIFE R/O OLD POWER HOUSE P.S. CITY KOTWALI SATNA TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P. (MADHYA PRADESH)

7. PRINCE TANDAN S/O LATE SUNIL TANDAN, AGED ABOUT 26 YEARS, OCCUPATION: CASTE HINDU TEACHER R/O OLD POWER HOUSE P.S. CITY KOTWALI SATNA TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P. (MADHYA PRADESH)

8. SMT. SWEETY W/O SANDEEP TANDAN D/O LATE SUNIL TANDAN, AGED ABOUT 24 YEARS, OCCUPATION: CASTE HINDU HOUSEWIFE R/O OLD POWER HOUSE SATNA TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P. (MADHYA PRADESH)

9. KU. SUCHITA TANDAN D/O LATE SUNIL TANDAN, AGED ABOUT 20 YEARS, OCCUPATION: CASTE HINDU HOUSEWIFE R/O OLD POWER HOUSE P.S. CITY KOTWALI TEHSIL RAGHURAJ NAGAR DISTRICT SATNA M.P.

(MADHYA PRADESH)

10. STATE OF MADHYA PRADESH THROUGH THE COLLECTOR SATNA DISTRICT SATNA M.P.

(MADHYA PRADESH)

.....RESPONDENTS (BY SHRI NARENDRA LODHI, PANEL LAWYER)

This petition coming on for admission this day, the court passed the following:

Signature Not Verified

ORDER

This misc. petition has been preferred by the petitioner/plaintiff challenging the order dated 21.06.2022 (Annexure P/4) passed by Second Additional Judge to the Court of First Civil Judge Junior Division, Satna in Civil Suit No.12-A/2014 whereby learned Court below has dismissed the application under Order 6 Rule 17 CPC dated 11.04.2022 filed by the plaintiff.

2. Learned counsel for the petitioner submits that by way of application, the plaintiff has proposed amendment only with regard to correction in the names in genealogical tree as mentioned in para-4 of the plaint. She submits that veracity of the proposed amendment has not been disputed on behalf of the defendants by filing reply dt. 25.04.2022 (Annexure P/3), therefore, application ought to have been allowed.

3. Learned counsel appearing for respondent Nos.1, 2, 4 and 5 submits that learned Court below has not committed any illegality in rejecting the application because the amendment was proposed at the fag end of trial and the case is at the stage of arguments.

4. Heard learned counsel for the parties and perused the record.

5. In view of the undertaking given by counsel for the petitioner to the effect that after allowing the amendment, the petitioner shall not pray for any opportu