.,,:s,ai3^~S"3E"SSt" ISE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition ;U/A 227 No.2735 of2010 PETITIONER: Plaintiff RESPONDENTS: Defendants -Versus- 1. 2. 3. Hemchand Agrawal, S/o Shri B.L. Agrawal, aged about 58 years, R/o Near Water Tank, Old Khursipar, Zone-2, Sector-1, Bhilai, Thana Chhawani, Tehsil & District Durg, (CG) Smt. Narmada Ben, W/o late Shri D.H. Solanki, aged about 60 years Harish Soianki, S/o tate Shri D.H. Solanki, aged about 45 years, Narendra Solanki, S/o late Shri D.H. Solanki, aged about 43 years, All respondents R/o Shanti Nagar, Vivekanand Colony, Thana Supela Tehsil District Durg (CG) Present: \ ShriSatyendra Sahu, counsel for the petitioner. Single Bench: Hon'ble Shri Dhirendra IVIishra, J. ORAL ORDER 1(21-6-2010) 1. This petition is directed against the order of Annexure-P/1 whereby learned trial Court has allowed the apptication for amendment in the written statement filed by thedefendants after more than 2 years of filing written statement. 2. Learned counsel for the petitioner submitted that the instant petition has been filed on the ground that application is belated and the defendants have attempted to elaborate their pleadings by way of amendment. It was also argued that even after allowing the amendment in the written statement, the petitioner/plaintiff has not been permitted to effect consequential amendment in thewritten statement. 3. Having heard learned counsel for the petitioner, having gone through the impugned order, considering the nature of amendment, 1 am of the opinion that no prejudice is likely to be caused which may result in B ,p'-^ %.. ii, '' '' ~t tMsv j ^.~,^' .ef '••.-.-.ss^' manifest injustice to the plajntiff in allowing amendment application and application for amendment eould not be rejected merely on the ground that itwas belated particularfywhenevidence is yet to commence. 4. Accordingly, the instant petition is dismissed. However, the trial Court is directed toallow the plaintiff to incorporate consequential amendment in theplaint. \ -—— Ba.rve Sd/- Dhu-endra Mishra Judge