Case Details

• High Court of Rajasthan at Jodhpur, S.B. Civil Writ Petition No. 19066/2018 decided on 12-05-2022 by Hon'ble Mr. Justice Vinit Kumar Mathur (!) (!) (!) (!) (!) (!)
• Writ petition against order dated 08.10.2018 (Annexure P/8) by Civil Judge and Judicial Magistrate, Sri Vijaynagar in Civil Suit No. 23/2015, rejecting application under Order 6 Rule 17 r/w Section 151 CPC (!) (!) (!) (!) (!) (!)

Parties

• Petitioner: Smt. Rampyari w/o Shri Sant Ram, aged about 73 years, by caste Ramdasiya, resident of Chak 14-A, Tehsil Anoopgarh, District Sri Ganganagar (Rajasthan) (!) (!) (!) (!)
• Respondents: (1) Prem Chand s/o Shri Sanga Ram, by caste Nayak (Bhil), resident of Chak 4 L.C. (A), Tehsil Sri Vijaynagar, District Sri Ganganagar (Rajasthan); (2) Mani Ram s/o Late Shri Aasu Ram, by caste Nayak (Bhil), resident of Chak 4 L.C. (A), at present residing at Chak 4 G.B., Tehsil Sri Vijaynagar, District Sri Ganganagar (Rajasthan) (!) (!) (!) (!) (!) (!) (!) (!)
• Counsel: For Petitioner(s) - Mr. Trilok Joshi; For Respondent(s) - Mr. Rajendra Kumar Soni (!) (!) (!) (!) (!) (!)

Factual Background

• Petitioner, permanent resident of Sri Ganganagar, purchased piece of land from Shri Aasu Ram in year 1996, paid consideration, took possession and continues in possession (!) (!) (!) (!) (!) (!)
• Petitioner received notice of execution proceedings by Respondent No.1 Prem Chand in 2015; learnt land was allegedly sold by Aasu Ram to Prem Chand in 1983, decree passed in Prem Chand's favour, execution ongoing (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
• Petitioner filed application under Order 21 Rule 97 CPC raising objections in Executing Court (!) (!) (!) (!)
• During pendency of execution, FIR registered by petitioner's husband; police investigation revealed 1983 deed written by Shri Imrat Lal, who died in 1979, indicating forgery (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
• Fact of Imrat Lal's death in 1979 (and inability to write 1983 deed) not known to petitioner at time of filing Order 21 Rule 97 objections; unearthed during investigation (!) (!) (!) (!) (!) (!)

Petitioner's Arguments

• Sought amendment of Order 21 Rule 97 pleadings via Order 6 Rule 17 CPC to include fact of Imrat Lal's death in 1979 proving 1983 deed forged (!) (!) (!) (!) (!) (!) (!)
• Amendment necessary as fact discovered post-objections during investigation; petitioner bona fide purchaser without prior knowledge of prior sale (!) (!) (!) (!)

Respondents' Arguments

• Opposed amendment; no documentary evidence filed with Order 6 Rule 17 application; trial court rightly rejected for lack of evidence and passed reasoned order (!) (!) (!) (!) (!) (!) (!) (!) (!)

Court's Observations and Decision

• Petitioner bona fide purchaser in possession since 1996 purchase; no reason to suspect prior sale until execution notice (!) (!) (!) (!) (!)
• Fact of deed writer's death revealed during investigation, not known earlier; amendment just, proper, necessary (!) (!) (!) (!) (!) (!)
• Writ petition allowed; trial court order dated 08.10.2018 quashed/set aside; petitioner permitted to amend Order 21 Rule 97 application (!) (!) (!) (!) (!)
• Post-amendment, respondents free to file reply to amended application (!) (!) (!) (!)
• Stay application and other pending applications disposed of (!) (!)

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[CW-19066/2018]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 19066/2018

Smt. Rampyari W/o Shri Sant Ram, Aged About 73 Years, By

Caste Ramdasiya, Resident Of Chak 14-A, Tehsil Anoopgarh,

District Sri Ganganagar (Rajasthan).

----Petitioner

Versus

1.

Prem Chand S/o Shri Sanga Ram, By Caste Nayak (Bhil),

Resident Of Chak 4 L.C. (A), Tehisl Sri Vijaynagar, District

Sri Ganganagar (Rajasthan).

2.

Mani Ram S/o Late Shri Aasu Ram, By Caste Nayak (Bhil),

Resident Of Chak 4 L.c. (A), At Present Residing At Chak

4 G.b.,tehisl Sri Vijaynagar, District Sri Ganganagar

(Rajasthan).

----Respondents

For Petitioner(s)

:

Mr. Trilok Joshi

For Respondent(s)

:

Mr. Rajendra Kumar Soni

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/05/2022

The present writ petition has been filed against the order

dated 08.10.2018 (Annexure P/8) passed by learned Civil Judge

and Judicial Magistrate, Sri Vijaynagar in Civil Suit No. 23/2015,

whereby, the application preferred by the petitioner under Order 6

Rule 17 read with Section 151 CPC was rejected.

Brief facts giving rise to the present writ petition are that the

petitioner, being the permanent resident of Sri Ganganagar,

purchased a piece of land from one Shri Aasu Ram in the year

1996. In pursuance of the agreement entered into between the

petitioner and Aasu Ram, the due consideration of the land was

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[CW-19066/2018]

paid and the possession of the land was taken over. After the

purchase of the land, the petitioner is in its possession. The

petitioner was surprised to receive a notice of execution in the

execution proceedings undertaken by the respondent No.1 Prem

Chand in the year 2015. The petitioner enquired the facts of the

matter and came to know that the land which was purchased by

her was already sold to the respondent Prem Chand by Aasu Ram

in the year 1983 and a decree was passed in favour of Prem

Chand for which the execution proceedings are in process.

Immediately, the petitioner preferred an application under Order

21 Rule 97 of the CPC by raising objections in the trial court.

Learned counsel for the petitioner submits that during the

pendency of the execution proceedings an FIR was registered by

the husband of the petitioner and the police investigated the

matter. During the investigation, it was revealed that the deed was

written by one Shri Imrat Lal in the year 1983 but the deed writer

Imrat Lal is stated to have passed away in the year 1979 itself.

Therefore, the document/deed on basis of which the respondent-

plaintiff Prem Chand got the suit decreed in his favour was forged.

The fact of deed writer Imrat Lal having passed away in the year

1979 and therefore, he could not have written the deed in 1983

was sought to be brought on record by the petitioner by way of

filing an application under Order 6 Rule 17 CPC.

Learned counsel further submits that since this fact that

Imrat Lal died in the year 1979 and therefore, he could not be the

author of the deed in the year 1983 was not within the knowledge

of the petitioner at the time of filing objections before the

Executing Court under Order 21 Rule 97 CPC, therefore, the same

were not incorporated in the objections filed therein. Since these

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[CW-19066/2018]

facts got unearthed during the course of investigation, therefore,

the petitioner preferred this application for amendment of the

pleadings preferred by her under Order 21 Rule 97 CPC.

Learned counsel submits that the learned trial court has

failed to appreciate the facts in the correct perspective and has

erroneously rejected the application preferred by the petitioner for

amendment in the application vide order dated 08.10.2018.

Per contra, learned counsel for the respondents vehemently

opposed the submissions made by learned counsel for the

petitioner and submitted that since no documentary evidence was