a%, "-—„-> PETITIONER/: (Defendant) HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (Art. 2271 No.1671 of2011 Raj Kumar Gupta S/o Late Nand Kishore Gupta, aged about 70 years, Occupation Business, R/o "Seva Kunj' Road, Ward No.16, House No.84/6, Raigarh, Tahsil & District Raigarh (C.G.) RESPONDENT/: Versus Arun Kumar Gupta S/o Krishna Kumar (Plaintiff) Gupta, aged about 35 years, R/o Palace Road, Raigarh, Tahsil & Distt. Raigarh {Petition under Article 227 of the Constitution of India} Present: Mr. A.K. Athaley, counsel for the petitioner. Mr. Anand Kumar Gupta, counsel for the respondent. Soma Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORAL ORDER (15-7-2011) 1. By this writ petition under Article 227 ofthe Constitution of India, the petitioner has challenged legality and propriety of the orders dated 7-5-2010 and 22-2- 2011 passed by the Civil Judge Class-l, Raigarh in Civil Suit No.lO-A/2005 whereby learned Civil Judge Class-t has permitted to amend the affidavit filed on behalfofthe respondent herein. 2. I haveheard learned counsel for the parties, perused the orders impugned and other documents. 3. After arguing for some time, learned counsel for the respondent submits that with liberty to file fresh affidavit instead of the aforesaid amendment, the petition rnay be disposed of. 4. The affidavit is a document and could not be amended. The Court is required to take precaution at the time of passing such order. Without further comment, the order relating to amendment of affidavit is hereby quashed. The respondent is permitted to file fresh affidavit incorporating the previous facts and amending the claim. With this observation, the petition stands disposed of. No order as to costs. 5. Consequently, I.A.Nos.1 & 2 also stand disposed of. p.s^vwa 3ttdSe h ir