W.P. (U/A 2271 So.6096/3011 DEFBNDANT Late aged about VERSUS RESPONDENT PLAINTIFF Rajkuniar Gupta, S/o Nandkisliore Gupta, 65 years, R/o Sewa Kunj Marg, Ward No. 16, House No. 84/6, Raj^arh, Tahsil & District Raigarh (C.G.). Arun Kuinar Gupta, S/o K.K. Gupta, aged about 35 years, R/o Palace Road, Raigarh, Tahsii. & ti^tr^^+ Ponfvor.Ti ICl n- \ A->3l~LA\-->- J.\C3Ui^cU.±j. ^\^-.*^.f. WRIT PBTITION UNDBR ARTICLE 227 OF THB CONSTITUTION OF INDIA. (SB :Hon"bIe Mr. T.P.Sharma, J.) Present;- Shri Manoj Paranjpe, Advocate with Shri Vikram Duat, Advocate for the petitioner. Respondent not noticed. (Passedon 14/10/2011) 1. By this petition under Article 227 of the Constitution of India petitioner has chaUenged fhe legalily and propriety of the order dated 2/9/2011 passed by Civil Judge Class-1, Raigarh C.G; in civil suit No. 10-A/2005 to fhe extent of disinissal of amendiaent application filed on behalfofthe petitioner.'in his written statement. 2. Shri Manoj Paraiijpe, Advocate with Shri Vikram Dixit, Advocate for the petitioner is heard. 3. Leamed counsel for the petitioner subinits that altbough in para- 18 offhe written stateiuent he has pleaded the facts in briefbut by present amendinent petitioner want to plead fhe facts elaborate which wiU not change fhe nature of the suit but Court below has disinissed the appUcation on the ground that it wiil chanse fhe nature of fhe suit. 4. As per order impugned petitioner has ffled his written statenient on 28/11/2006 he has amended his written stateinent ui February- 2011 but at the time of tiliag written stateinent or anienduig his n. <^ -^- pleading petitioner has not filed such amendinent application or has not amended his written stateinent. This is a eviction suit it appears that petitioner has tried to delay in trial in which he has tenant/defendant. AUeged aaiendment by way of substitution of Para-18 of the written stateinent the nature of suit wffl aot be chaaged. Considering the nature of amendinent and aforesaid delay in tactic played by petitioner, petitioa is allowed subject to payaient of cost of Rs. 7,0001- within 15 days from today to fhe respondent without observance of procedural law i.e. issuance of notice to respondent. Petitioner shaU pay cost of Rs. 7,000/- and amend his pleadtng wifhin 15 days from today. Trial Court shall decide fhe suit as eariy as possible preferably withia 60 days froni today which is pending siace 2005. No order as to costs. 5. Interiin application staads disposed of. Sd/- T.P. Sharma .Judge