STATE OF MADHYA PRADESH versus UNION OF INDIA & ANR.

STATE OF MADHYA PRADESH versus UNION OF INDIA & ANR.

The amendment sought, to challenge the vires of Sections 58(3) and 58(4) MPR Act, was refused since it would fundamentally alter the plaint and render the suit infructuous; the proper forum for constitutional challenge is writ jurisdiction and not original suits under Article 131.

Parties
Plaintiff: State of Madhya Pradesh; 1st Defendant: Union of India; 2nd Defendant: State of Chhattisgarh
Jurisdiction
India
Judgment Date
17 August 2011
Procedural Posture
Original Suit / Interlocutory Application (i.a. No. 4 of 2009) in Original Suit No. 6 of 2004
Outcome
Interlocutory Application No. 4 of 2009 disposed of with no order as to costs.
Legal Topics
Amendment of Pleadings, Jurisdiction Under Article 131, Validity of Central Notifications, Apportionment of Assets and Liabilities
Constitutional Law Civil Procedure Amendment of Pleadings Jurisdiction Under Article 131 Validity of Central Notifications Apportionment of Assets and Liabilities

Case Brief

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Parties

State of Madhya Pradesh

Plaintiff

Union of India

1st Defendant

State of Chhattisgarh

2nd Defendant

Procedural Posture

Original Suit / Interlocutory Application (i.a. No. 4 of 2009) in Original Suit No. 6 of 2004

Legal Issues

  1. 1 Whether amendment of plaint to challenge vires of Sections 58(3) and 58(4) of the Madhya Pradesh Re-organisation Act, 2000 is maintainable at this stage under Order XXVI Rule 8 of Supreme Court Rules/Order VI Rule 17 CPC.
  2. 2 Whether the original jurisdiction under Article 131 permits challenge to the constitutionality of Central laws.

Ratio Decidendi

The amendment sought, to challenge the vires of Sections 58(3) and 58(4) MPR Act, was refused since it would fundamentally alter the plaint and render the suit infructuous; the proper forum for constitutional challenge is writ jurisdiction and not original suits under Article 131.

Court Disposition

Interlocutory Application No. 4 of 2009 disposed of with no order as to costs.

Orders

  • Plaintiff-State not permitted to amend plaint to challenge the vires of Section 58(3) & (4) of MPR Act.
  • Plaintiff-State permitted to raise objections concerning arbitrariness or lack of guidelines in the impugned Notifications/Orders during trial.