HEGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETiTiON (22H NO.6248I009 §ETITIONER Shantanu Mitra, son of Shri Pranav Mitra, aged about 37 years, residing at LIG H, 32/12 & 13, Jawahar Nagar, Post’ Office Supeia, Bhiiai, District DuVg, Chhattigafh Vgrsus RESPONDENT Smt. Sapna Mitra, Wife of Shri Shantanu Mitra, aged about 3O years, resident of cam of Shri Niranjan Roy, BengaH Flour Min, Opposite Chandrashekhar Azad High Schooi, Panchasheei Nager, Durg, Chhattisgarh WRIT PET§'E'ION Ui‘amER ARTICE 227 OF TH§ CQN5TETUT!ON OF !NDIA Aggeerance : Mr. Amrito Des, Counsei for the petitioner. ORAL ORDER (emeznoai SUNEL KUMAR SINHA, J‘ Heard on admission. Being aggrieved with the order dated 22.09.2009 passed in Civii Suit (Matrimoniai) No.129—A/2008 by ii Additionai Principai Judge, Famiiy Court, Durg, the petitioner/piaintiff/husband has fiied this writ petition. K lt appears that in a suit for divorce filed under Section 13(1) (ta) of Hindu Marriage Act, 1955, after filing of the written statement bythe respondent, the petitioner moved an appiication under Order 2 2 W.P.(227} No.5248/2009: Z VI Rule 17 of the Code of Civil Procedure for amendment of the piaint. By the said application, the petitioner wanted to incorporate about his saiary and other emoluments, which the petitioner is receiving. The learned Presiding Judge of the Family Court held that the suit was at the stage of completion of plaintiff‘s evidence and as objected by the counsel for the respondent, the amendment was unnecessary with an intention to cause delay in the matter, and has dismissed the amendment application. Learned counsel for the petitioner could not point out as to how this amendment is necessary at presentlin the Civii Suit, which is admittedly tiled on the ground specified in Section 13(1) (ta) of the aforesaid Act. After going through the entire material placed on record, i am of the opinion that there is no illegaitty or infirmity in the impugned order passed by the learned Presiding Judge, Family Court; The petition deserves to be and is acoordingiy dismissed at the motion stage Itseit. Sd/_ Sunil Kumar Sinha Judge shyna i i i l l