IN THE HIGH COURT OF CHHATI'ISGARH BILASPUR wm227)- Q 9 6 S) /2009 / Dr. Rajendra Banthia, 50 Yrs. S/ o Panmal Jee Banthia, Petitioner / Defendant Rajatalab Road, Raipur CG Versus / Mukesh Badwani, 30 Yrs., S/o Devanand Badwani, Near Shiv Mandir, Gali # 2, Fafadih Naka Raipur CG x1 u‘‘c A 4' , C V % M/@ @ an?“m (mu) h record dismissed the aforesaid applications holding that the mendment application cannot be I ailowed m View of the Judgment of the Supreme Court m the case of Vidyabai and omers vs. Pa malatha and another; reported in 3.3. Hon’bie Shri Justice N.K. A arwal 17-08-2009 Shn Rap Sharma coun$el forthe petitioner Heard 2. The Instant petition is directed against the order dated 07-05-20097passed by First A‘ tionai District Judge, Raipur in Civil Suit No.35-B/2006 whereby nd whereunder the applications preferred by the defendant for mendment in the written statement and for framing of the additiona issues were dismissed. 3. Brief facts of the case re that the plaintiff filed a suit for recovery ofRs 7 00 OOOI- again tthe defendant/petitioner herein 4. The issues were framed by the trial Court and thereafter plaintiff’s ewdence was closed At this stage the defendant moved two applications ie one is seeking amendment in the w tten statement and the other for framing of additional issUes und r Order 14 Rule 5 of C.P.C. 5. The Trial Court after ap reciation of the pleadings of the parties and material placed o / " K W xv M“ men‘s d i ’\‘ ,\ r / xl-HC—78 WW W‘W . .W f Cpl?) Ma Q39 mm ............ 200 é? mum (Wu) ammm mmm ‘ mmm ,_ L, WW wW $at‘mm (2009) 2 SCC 409, and also di missed the applications for framing the additional issues onthe gr und that the same is not necessary forjust decision of the case. . 6. Having heard learned co. nsel for the petitioner and perused the record, l am of the opinion hat the learned Trial Court has not . committed any illegality and lr egularity in passing the impugned order so as to invOke extra 0rd nary jurisdiction of this Court under Article 227 of the Constitution o’ lndla, the petition is dismissed. No order as to costs. Sd/- .K.Agarwai Judge Kvr «r N