B31S IBBS^iSJK. -^i :lli • ^ ••'. .'•''. •'^^^ • ^..^^u'-ft.".^-"-"^'''''1^'''''''^'"' IN THEHtiG^ SOV^m^MtS^TtSGAJRH AT^^B^ , ':W]Bn'l!pETITI^ NO'.;':l-S3'5'-OF:3065 :. : ^ !' • PETITIONER: Defendant No.l vs RESPOWDENT: Plaintiff Brijmohan Dua, so'n of Shri Sita Ram Dua, aged about 53 -years, resident of Gondpara, Post Offipe Gol Bazar, Bilaspur (C.G.) ^ 1. Indian Ch'urch Council of the Disciple of Christ ^JiA^ Society, through its y..—^vExe^uti^e^ ^Sesretary, . Sh{-i ^*S'-itB ^^ ^il"'^^ '^^•?^^<:^?^~u^!l^~^*'''t¥^<^S^^^^^e<>-^^ ..••••^'"Cj1^ Ashley MeHiorial' Bunglow, ' c^F-<^^|! ^ ../-•'£? • ' Jarhabhata, BUaspur (C;.G.> !' "^SB^ ft^"^.^"' Stefendant No.2 Jarhabhata, Bilaspur (C.G.) 'i ^ 2. Smt. Chandrakali Bai, aged about 40 years, wife of Shri A. Prakash, resident 6f aii 11UB Jarhabhata, Bilaspur (C.Q BWinBBc^ a:IifyUNl»gRi»Kg@ECKEi2:27:Qy_THEl ISl8gBK Si?%l:';:^'SII::!?y^^It?':';ii.<^ '.f^l ^t. ;"^;i^l%^l^'.:^iiR^k1l \^'M^:^ ai@SBS^tTU'Bl!0 G[E'i«DIAl. s m ^.^^tililii ws^su ^;wlINIilll XI-HC-22 3^ -i<i<<icii, ai{l*i'is, Rditiy STT^Tq^^ W^ 200 3II^?T^T {^irawSRr 5bHich ^fsd ai^ra 3T^?T gTcTRP; flf?!r Miss Singhai for the Application for urgen|t Heard. The present petitioiji 4/3/2005 passed by the Ttj Suit No.l2-A/02 whereby the defendant no. l/petitionj A bare perusal bf the| no. 1/plaintiff had eai'lier amount was not paid. Thf obtained. ' Subsequently, 11.12,1983 and to evict the| The Court below has noj Society filed the suit again^ District Judge, Bilaspur ancj India Trust Association hadl ancl the present plaintiff ha^ The application for ^ been rejected on the ground] knew about it on 1.12.19971 concemed, they will have r| Court. The amendment app| arguments have been heardl )etitioner. t hearing te allowed. 'siiwifi'ih-t •<i'<i'iTirtet&<Ri«i< ^3|f^TT3IlSRT is directed against the order dated iird Civil Judge Class I, Bilaspur in Civil Ihe application for amendment filed by ;r has been rejected. liinpugned order shows that respondent filed the suit on the ground that lease said suit was decreed and possession the defendants took possession on defendants present suit has been filed. [ed that United Christian Missionarv' |t Brij Mohan in the Court of Additional in that suit United Church of Northem also beenjoined as party on 1.12.1997 also been joined as defendant. tmendment, which has been filed, has Ithat it is highly belated. The defendant |and so far as mutation proceedings are |io bearing on the decision of the Civil (cation was filed at the stage when the and the case was closed forjudgment. XI-HG-22 SD^T^T feNisn^r sh1 gf?cT l?"?:^Eifi.^;''^'^'^y^' H/- 3^? •^l'illd'i), ®Tn^'l<8,RlclKdy .3lliyiM^qi_ , .^f.l3^/'$.^ 200 ciii'iit^'ifl'f t<w<riTffte^t'<Ri«;i< %3lf^T3l1^T ailid The Trial Court rejected impugned order. Learned counsel c<t>] impugned order is iilegal upon the judgments bf th( 200118} SCC 97 (Es,trall4 SOOZmBCC 559 (Sampat]|i So far as the law ii instant case, however, the is at the stage when thejud| knew about these facts ori seven years have passed. Having thus considej case as emerged, not a extraordinary jurisdiction u India. . However, the petitioi avail the remedy availabl) eventualitv arises. With the aforesaid 1 disposed of. Consequently, M.W,P| the amendinent application by the ntended that the order rejecting the contrary to law. She placed reliance Apex Court in the cases reported in Rubber vs. Dass Estate (P) Ltd.) 85 Kumarvs. Ayyakannu and another). concemed, it is well settled. In the ^mendment sought is highly belated. It ^ment is to be delivered. The petitioner 1.12.1997. In any case, more than •ed the facts and circumstances of the :ase for interference while exercising bder Article 227 of the Constitution of jier may raise the grounds in appeal or under the law in case such an obsen?ations, this petition stands No. 1079/05 also stands disposed of. Sd/- Fakhruddin Judge