v s x: StN6fcEBENCH ^\ IN THE HON'BLE HIGH COURT OF CHHATTISGARHAT W.P. (227) N0 BILASPUR o. \ OF 2011 PBTITIONERS Defendants -1. \4 \A^^ ^w"' ^-i<Jy >-,^^--<y RESPONDENTS Plaintiffs Ashok Kuraar S/o Janak Ram, aged about 28 years, ^2. Geeta Bai D/o Janak Ram, W/o Jaines Kum.ar, aged about 27 years, ^-3. Jitendra Lal S/o Bhoop Sai, aged about 45 years, /"4. Dinesh Kumar S/o Bhoop Sai, aged about 40 years. All are Uraon by caste, Occupation - Agriculturist, R/o village Rede, Tahsil Pathalgaon, District Jashpur (C.G.). VERSUS / 1. Naresh Kumar S/o Bhoop Sai, aged about 30 years, 2. Rijho Bai Wd/o Late Bhoop Sai, aged about 55 years, Both are Uraon by caste, Occupation - Agriculturist, R/o village Rede, Tahsil Pathalgaon, District Jashpur (C.G.j. -3. State of Chhattisgarh, through Collector, Jashpur (C.G.). WRIT PETITION UNDERART1CLE227^FTHE CONSTITUTION OF INDIA 'Q^ fflGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'bleShriPrashantKumar&'Bshra Writ Petition (227) No. 1690/2011 PETITIONERS RESPONDENTS Ashok Kumar and others Versus Naresh Kumar and otfiers Appearance: Shri Shivendra Bhardwaj, counsel for the petitioners. Shri Vinay Harit, Deputy Advocate General for the State/respondent No.3. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTmjTION OFWWA ORAL ORDER (29.03.2011) By the order impugned in this writ petition under Article 227 of the Constitution of India the leamed Trial Court has allowed plaintiffs prayer to amend the pleadings made in tiie (daint. (2) Plaintiffs filed a suit in the month of February, 2010 for declaration, partition and separate possession. Tfae application under Order 6 Rule 17 ofCPC was moved on 19th August, 2010 i.e. barely after six months offiling the suit to make some correction in the family tree as well as to plead that in addition to the Indian Succession Act the plaintiffs are also govemed by the customs prevailing in the Oraon Tribal Community. (3) The leamed Trial Ccwrt, on fiitding that the proposed amendment would not change the nature of suit and that tn the trial the evidence ofthe parties have aot yet commenced, has allowed the prayer for amendment. '^fc. 2- (4) Leamed counsel for Ae petitroners would submit that haying pleaded that tfaey are govemed by the provisions of Indian Succession Act, the plaintifis cannot be permitted to amend the pleadings to plead that they are also govemed by the custom prevailing in the Oraon Tribal Communily. (5) On pemsal of the documents annexed with the writ petitioa particularly the plaint and proposed amendment, it appears ftat Ihe plaintiffs are only raising a plea that in addition to the provisions of Indian Succession Act they are also govemed by the custom prevailing in the Oraon Tribal Community. (6) The fact as to in what respeet the parties are govemed by the Indian Succession Act and with regard to some other aspects they are govemed by the custom is a matter of evidence and the plaintififs cannot be precluded &om raising this kind of plea which has the effect ofraising an altemative plea also. (7) Admittedly, the evidence has not yet commeaced and the trial is at a preliminaiy stage. It is settled law that ordinarily prayer for amendment in the pleadings should be allowed if it does not change fhe nature of the suit or any valuable right accroed in favour of defendant is noit affected or the plea proposed to be taken is barred by limitation. After the amendment made in Rule 17 Qrder 6 of CPC inserting the proviso, the Court is also required to consider that ifaay amendment is ,proposed after commencement of trial tfae plaintiff shall^atisfy the court that he could not have raised such plea inspite 1 'v'^ —Bs— •passnusip Xqsjaq si pire s(i^ qoiqM Bipuijo uoqtyiisaoQ aip jo ^s^ appjy jspun uoiipad :UM swp^ m aoueisqns ou si aoqj, (g) •yiveyl aq^ H( iirampuaure JQJ uoysoi\dde sj^pure(d SUIMOIP qiqA /ttpepSaui pusiBui jo X}ipS8(ii Aire pauiiuiua) ym scq unoQ puj, sq^ 'ijno^ siq^jo uotuido aip ui (g) •3{qE3ij[ddBiou si QdOjo ^^ ap^ 9 JspJQ 0; osiAo.id 'psoTOiauioo pX IOH SCT( aouapiAa asso laasojd aip m aouis '^AOMoy •aouaSiiipjo <i •K