HIGH COURT OF CHHATTISGARH AT BILASPUR wRrr PETITION (227) N0. 4131/2010 PETITIONERS 1. Suresh Kumar, S/o Late Jagdish'Aged DEFENDANTS ‘ about 32 years, Caste —Brahmin. 2. Rajesh Kumar, S/o Late Jagdish Agad about 26 ycars, Caste Brahmin. 3. Mahendra Knmar, S/ o Lats Jagdish Aged about 24 years. All resident of Village SaJka, Tahsil Surajpur, District Surguja (C.G.).‘ Mamati, W/o Umadatt Dubey, R/o Village Krishnapur, P.S. 8r. Tahsil Surajpur, District Surguja (C.G.). VERSUS Diwakar Nath Dubey, S/o Late Himram, Dubey, Aged about 60 years, Caste — Brahmin, Occupation Agriculture, L R/o Village Han'harpur, P.S. Bhatgaon, Tahsil Pratappur, Distn'ct Surguja (CGJ. 2. Shiv—vrat, S/o Hiramm Dubey, Aged about 55 years, Caste Bxahmin, Occupation Agricultute, R/o Village Chanclarpur, Tahsil Surajpur, District Surajpur (C.G.). Chandrabhan, S/o Hiraram, Caste Brahmin, Occupation—Teacher, R/ o Village Salka, Tahsil Smajpur, District Surguja (C.G.). 4. Vinod Kumar S/o Shivchand Shanna, Caste Brahmin, R/o Village Salka, Tahsil Sujrapur, District Surguja (C.G.). State of M.P. now Chhattisgarh, Through the Collector, District Surguja (C.G.). a: x WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. RESPONDENTS PLAI NTIFF DEFENDANTS (SB :Hon’ble Mr. T.P.Sharma, J.) Presentz- Shri Ashok Kumar Shukla, Advocate for the petitioners. Shri Sushjl Dubey, G.A. for the State] respondent No. 5. Neae for the respondents No. 1 to 4 not ooticed. ORAL— ORDER (Passed on 04/08/20 10) Order impugned dated 20/ 4/ 2010 passed by the 2nd Civil Judge, Class-II Surajpur, Distt. Surguja (C.G.) in Civil Suit No. 211- A/2008 perused whereby leamed 2nd Civil Judge, Class—I! Surajpur, Distt. Surguja has dismissed the application for amendment on the ground that peu'tioners have tiled application for amending the written statement by making allegation of 6 pages although the total written statement is only 2 pages. Order reveals that both the parties have tiled their pleading but issues has not been named. Case is pending since 2004. Court is required to dispose of the civil suit as early as possible Within stipulated time but till date when the order was passed trial has not been commenced therefore instead of dismissing the petition for amendment Court was under obligation to permit the petitioner for amendment may be subject to imposition of cost. In these circumstances it is not necessary to hear the opposite party. Consequently, petition is allowed. Order impugned is hereby set — aside subject to payment of cost of Rs, 2,000j- within 20 days from today to the contesting respondent] plaintiff No. 1. Application for amendment tiled on behalf of the petih'oners are allowed. Reserving the right to review of respondent No. 1. No order as to costs. All interim applications are also dismissed. Certined copy as per rules. sdl- t e r. Shama Judge T