IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 17 OF NOVEMBER, 2025 SECOND APPEAL No. 207 of 2014 CHANDRA PRAKASH JAIN Versus M/S THE WHOLE SALE CLOTH MARKET HOUSING COOPERATIVE SOCIETY LTD. AND OTHERS Appearance:

Shri Somya Pawaiya - Proxy counsel for appellant, on behalf of Shri Ankur Mody-

Advocate.

Shri Saket Sharma - Proxy counsel for respondent No.3, on behalf of Shri S.D.

Singh - Advocate.

JUDGMENT

1. This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 6/5/2014 passed by 12th Additional District Judge, Gwalior, in Civil Appeal No.1/2014, as well as judgment and decree dated 28/10/2013 passed by 11th Civil Judge, Class 1, Gwalior, in Civil Suit No.75A/2013.

2. The appellant is the plaintiff who has lost his case from both the Courts below.

3. It is not out of place to mention here that this appeal was filed in the year 2014 and it has not been admitted so far. The counsel for the appellant had once again prayed for time to argue the matter. When adjournment was refused, then it was submitted by Shri Pawaiya that this Court may go through the record and may decide as to whether the appeal is liable to be admitted or not.

4. Accordingly, the Court has gone through the record on its own without any assistance by the counsel for appellant.

5. The suit was filed for declaration of title and permanent injunction, pleading inter alia that defendant No.1 is the Housing Cooperative Housing Society registered under the Cooperative Societies Act. A new cloth market was being developed by the defendant No.1 and plots were being allotted by it. Accordingly, the defendant No.1 had also accepted a duly filled form for allotment of plot to Smt. Rami Bai whose membership number was 12. In the said form, Smt. Rami Bai nominated her niece, Smt. Kamla Jain, as her nominee. Smt. Kamla Jain is the wife of the present appellant. Smt. Rami Bai expired on 10/6/1986. Thereafter, Smt. Kamla Bai moved all necessary applications for allotment of the said plot to her. However, before the proceedings could be concluded, Smt. Kamla Jain lost her life in a vehicular accident which took place on 23/11/1997. Since the plaintiff is the class I heir of Kamla Jain, therefore he became entitled for allotment of plot. The plaintiff completed all the formalities but the defendant No. 1 kept the matter pending. Thereafter, the plaintiff came to know that the defendant Nos. 1 and 2 have conspired with Smt. Sarla Devi, widow of Madan Lal, and accordingly a collusive suit was filed which remained pending before 5th Civil Judge, Class 1, Gwalior. That suit was numbered as 10A/2011. The defendants Nos. 1 and 2 deliberately did not appear in the suit because they wanted to help out Smt. Sarla Devi, otherwise they were required to produce the documents pertaining to the plot by which Smt. Rami Bai had nominated Smt. Kamla Jain, and it would have become necessary for the plaintiff, Smt. Sarla Devi, to implead the plaintiff as defendant. Although the plaintiff, Smt. Sarla Devi, was aware of the fact that Smt. Kamla Jain as well as the plaintiff have already filed their documents for allotment of plot, but the said fact was deliberately suppressed by Smt. Sarla Devi, and she deliberately did not implead the plaintiff as defendant. It was the case of the plaintiff that Madan Lal, late husband of Smt. Sarla Devi, was adopted by Rami Bai and the marriage was also performed. After the marriage, the relationship of Rami Bai with Madan Lal and Smt. Sarla Devi got deteriorated and as a result, Madan Lal was separated by Smt. Rami Bai from her properties and accordingly Madan Lal himself got a surrender deed dated 5/9/1957 registered. Rami Devi was so annoyed that even after separation of Madan Lal, she executed a registered Will dated 31/5/1979 and did not give any property to Madan Lal and Sarla Devi. Although Sarla Devi and Madan Lal were aware of the fact, but in spite of that and with an