IN THE HIGH COURT OILCHHATTISGRH AT BILASPUR l\ WRIT PETITIQN 227 N0. U °\ OF 2010 PETITIONERS /r^>::^'\ /^/^ ^l...': l*fr*^v;:;t ^flJ ^^.s^ / ./w / ~^k y'^,^^M^'..^v:" ^ i'^f:~ffy 1. Virendra kumar, s/o Shri Govind Prasad Dilliwar, aged about 42 years, occupation- agriculturist, 2 Purushottam Prasad Mishra, s/o Shri ^ Lokriath Mishra, aged about-62 years, occupation- agriculturist, 3 Kartikram, s/o Shri Sadaram Chandrakar, aged about- 52 years, occupation-agriculturist, 4 Banshilal Chandrakar, s/o Shri Vishal Chandrakar, aged about-40 years, 5 Khemlal, s/o Shri Vlshalram Sahu, ^ aged about-35 years, occupation- agriculturist, 6 Kodawa Ram Sahu, s/o- Shri Bishambhar Ram Sahu, aged about- 50 years, occupation- agriculturist, 7 Lakshminath Sahu, s/o Shri Bisahuram Sahu, aged about 45 years, occupation-agriculturist, 8 Anand Ram Chandrakar, s/o Shri ^ Bhuneshwar Chandrakar, aged about 50 years, occupation-agriculturist, 9 Daulatram Nirmalkar, s/o Shri Shivcharan Nirmalkar, aged about 45 years, occupation-agriculturist, 10 Koduram, s/o Shri Rameshwar Chandrakar, aged about- 58 years, occupation-agriculturist, 2 11 Shanti Bai, widow of Purushottam Puri, aged about 50 years, occupation-agriculturist All residents of village- Oteband, Tahsil- Gunderdehi, District- Durg (C.G.) VERSUS RESPONDENTS -^'.- -r^ ^. ^ ^.^; ^y/ S^9^ State ofM.P. (Now Chhattisgarh) Through- Ex-officio Secretary, Collector Durg, Tahsil and District Durg (C.G.) Sub Divisional Officer (Patan) durg and Registrar Public Trust Officer Durg, (Shri J.C. Bhatt), Tahsil and District- Durg (M.P.)(Now C.G.) Shri J.C. Bhatt, occupation-service, Sub Divisional Officer Patan, Tahsil and District- Durg (M.P.) (Now C.G.) Sumitra Bai, w/o Shri Bodhan Puri, aged about 35 years, occupation- agriculturist, r/o village- Oteband, Tahsil Gunderdehi, District- Durg (M.P.) Bhagwan Mahadev Swami Mandir village- Oteband, Pujari/Sarvarakar Sumitrabai, w/o Shri Bodhan Puri, r/o- village- Oteband, Tahsil Gunderdehi, District-Durg (M.P.) ^"' 6. Narayan Giri, s/o Shri Teekam Giri, aged about 40 years, occupation- service, ^ 7. Bodhan Puri, s/o Shri Moti Puri, aged about 40 years, occupation- agriculturist, Respondents No. 6 and 7 both are residents of village-Oteband, Tahsil-Gunderdehi, District-Durg (C.G.) Note: Defendant Nos. 10, 12, 15, 16 and 19 are shown in the impugned order to be dead therefore they are not made party in this writ petition. PETITION UNDER ARTICLE 227 OF THE CONTITUTION OF INDIA ?r^A° \^ mCH COURT OF CHHATTISGARH AT BIIASPUR S.B: Hon'ble Shri Prashant Kumar MNu-a Writ Petition (22T^ No. 4966^010 PETmONERS : VirCTidra Kiunar mid (te^. Versas RESPONDENTS : S(ateofM.P*(N<wC.a)&Ors. ApDearance: Shri Pramod Verma, Senior Advocate with Shri Samit Verma, counsel for tfae petitioners. Shri Vinod Tekam, Panel Lawyer for the State. WMT PETITION UNDER ARTICLE 227 OF THE CQNSTmjTION OF INIMA ORAL ORDER (31.08.2010) The trial court has rejected the application prefeired by the d^endants No. 4 to 9, 11, 13, 14, 17 and 18 who are Ifac petitioners herein, under Order 6 Rule 17 of CPC for amending the witten slatement. Rejection ofthe application has be®iordered only on the ground tiiat an application under Ch-der 6 Rule 17 ofCPGis required to be verified in accordance with the provisions cont^ned iii Order 6 Rule 17 of CPC and since in the subject application GomplianQe of tiie said provision ofthe CPC has not been made aor any affi^wit in support ofthe application has been filed, it is not maintaiaable. The trial ©ourt has not taken the ap^ication on tecord for its consideration. -1- (2) Leamed coimsel for Ae petitioiiers siibmits Ifaat tiiere is no such requirement under Osdee 6 Rule 17 of CPC read with Order 6 Rule 15. (3) Be that as it may, and wifhoirt Gommenting anything on the merits ofthe submission made by the counsd, since A®suit is fixed for recording Ifae evideaee of the defendant and in (he impagned order fhe trial court has granted last opporttmity to the defendant to examine his witness, tiiis petition is disposed of with a dire^ion that ifthe petilioners/defencbmte move a fresh a^plication onder Order 6 Rule 17 of CPC, duly siyported with affidwit, the same shall be coasidered and4isposed ofby the trial eourt in aocordanee witli law. (4) With Ihis observation, the writ pe^on stands disposed of. Certified copy today. Sd/- Prashant Kumar Mishra Judge ^ €^A