GOSWAMI BABUPURI SHANKARPURI Vs. BHAGWATIBEN
HIGH COURT OF GUJARAT
GOSWAMI BABUPURI SHANKARPURI
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V.V. Bedakar, J. -
(1.) The petitioner has filed a suit, being Regular Civil Suit No. 790 of 1978 in the court of Civil Judge, Senior Division, Baroda, for setting aside the order passed by the Criminal Court under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the CodeT) directing the petitioner to pay a maintenance of Rs. 100 per month to the opponent on the ground that he has paid an amount of Rs. 10,000 lump-sum: During the pendency of the suit, it was known by the petitioner that the oppenent had remarried with one Chimangir Somgir GosaiTherefore, by application Ex. 57, the petitioner requested the Court to implead that Chimangir as defendant No.2 in the suit and make necessary changes in the plaint. This was one request. Another request made was to permit amendment of the plaint, contending that as defendant No. 1 married defendant No.2 (Chimangir) on 19-4-1982, defendant No. 1 (present opponent) was not entitled to get any maintenance. This is proposed by para 3-A. But in this, there is mention of defendant No.2, meaning thereby, after Chimangir is added. This application was rejected by the learned trial Judge and therefore, the revision.
(2.) In so far as the addition of Chimangir as defendant No.2 in the suit is concerned, I think, the petitioner has no case. The cause of action was only against the opponent wife who obtained the order of maintenance of Rs. 100/- per month from the Criminal Court. In that cause of action Chimangir does not figure at all. Therefore, in that suit Chimangir is neither a necessary nor a proper party. In view of this, the said request was rightly rejected.
(3.) So far as request for amendment pertaining to subsequent event on the strength of re-marriage of the opponent (defendant in the suit) is concerned, the learned trial Judge observed that if the case of the petitioner is that there is re-marriage by the opponent, then the petitioner may approach the Criminal Court under section 127 (3) of the Code, but this amendment cannot be granted.;
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