?SiSi;^m^^^^^^ ^^^i%w^'n%^:^l^;^B^^^^^^ tl H!GH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH : HON'BLE SHRI S.R. NAYAK, C.J. WRIT PETITION N0.444 OF 2006 .PET!TIONER PLAINTIFF Vs. Jagpat Singh, aged about 45 years, Son of Shri Rambaharo Singh, Occupation-Unemployed, Resident of Village Bishrampur, Police Station Bishrampur, Tahsil Surajpur, District Surguja (C.G.) President, Shri Kaushiki Bal Vikas Kshishan Samiti, Bishrampur, Satpata, District Surguja (C.G.), Through: Harprasad Kshatriya, aged about 55 years, Son of Shri Mithulal Kshatriya, Occupation- Business. Present: Shri Sushil Dubey, teamed counsel for thepetitioner. 7th The learned triai Judge has refused to allow the application made by the petitioner-plaintiff under Order 6 Ruie 17 of Code of Civil Procedure. !t is needless to state that it is the burden ofthe plaintiffto establish his title to the petition schedule property by adducing evidence. Simply because, the entitlement claimed by the petitioner-plaintiff is denied by the respondent- defendant in the written statement , that would not be a justification for illowing the amendment now sought. The second circumstance which weighed with the learned tria! Judge to reject the application is that the app!ication was made at the belated stage when the case was set down for cross-examination of the witnesses. 1 do not find any jurisdictional flaw or material irreguiarity or failure of justice. The writ petition is, therefore, Sdf- Chief Justice ^ ^