.y * '&.-^S'Bi,?'a ? :-.. vs^h^ "'•::'.^:;;^^x' HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) N0. 6333/2011 PETITIQNBRS PLAINTIFFS VERSUS RESPONDENT RESPONDENT Saloman Dass, son of Late Shri Andru Charles Dass, aged about 70 years, resident of behind Railway Running Room, Durg, District Durg, Chhattisgarh. Grace Mari, daughter of Shri Andru Charles Dass, aged about 72 years, resident of Loco Kholi 245/20, Near Durga Mandir, Bilaspur, Chhattisgarh. Dr. Manmohan Albert Dass, son of Shri Joshep Charles Dass, aged about 65 years, resident of Magarpara, Tehsil and District Bilaspur, Chhattisgarh. WRIT PETITION UNDER ARTICLE 227 OELTHE CONSTITUTION OF INDIA. (SB :Hon'bIe Mr. T.P.Sharma, J.) Present:- Mr. Amrito Das, Advocate for the petitioners. Respondent not noticed. ORDER (Passedon 31/10/2011) By this petition under Article 227 of the Constitution of India petitioners have challenged the legality and propriety of the order dated 19/8/2011 passed by 2nd Additional District Judge, Bilaspur (C.G.) in civil appeal No. 40-A/11 whereby substantially two applications for additional evidence 8s amendment in pleading have been dismissed by the Appellate Court before t'he final judgment of appeal. After some arguments, learned counsel for the petitioners submits that Court below is under obligation to consider & decide both the applications at the time of final judgment & not during pendency of appeal therefore, he seeks to withdraw this petition with liberty to file ap.prbpriate application, 1 Prayer'allowed. Consequently, petition is dismissed as withdrawn with aforesaid ; liberty. No order as to costs. Interim application is also dismissed. Sd/- T-P.Sharina Judge {^