49$ HIGH COURT OF CHHATTISGARH AT BILASPUR WP No 3137/2004 Ramkunwar bai wrongly writteri as Prem Kunwar bai, Widow of Late Hatoi satnami, R/orGram Akaltara, Tah. Bhatapara, , Distt. Raipur (C.G.). RESPONDENTS PETITIONER VERSUS 1. Shyamlal, S/o Hatoi, R/o Gram ~Aka1tara, Thana—Bhatapara, Tah Bhatapara, Distt. Raipur (M‘PJ now C.G. State of MP. (C.G.) thrOugh Collector, Raipur'(C.G.). ETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA._ (SB :Hon’ble Mr. T.P.Sharma, J.) Presentz— Shri B.P. Gupta, Advocate for the petitioner. Shri VIR. Tiwari, Advocato for he rsspondent No. l, Shri Vinod Kumar Tekam, P.L‘ for the State/respondent No. 2. ORDER (Passed on 14/09/2011) \ .u By this petition under Article 227 of the Cons’timtion of India petitioner haS challenged the legality and propriety of the order dated 29/6/04 passed by Civil Judge Class-1, Baloda Bazar, District Raipur (C.G.) in Civil suit No. 12l—A/91 whereby Court below has permitted respondent N0. l to amend its pleading relating to claim of respondent No. 1 and entitlement of petitioner, 2. Shri BP Gupta Advocate for the petitioner Shri VR ’l‘iwari i Advocate for he respondent No l 8r, Shri Vmod Kumar Tekam P L ,for the State/respondent No 2 are heard As per order impugned and copy of other documents suit was file d in the year 1985 by respondent No. 1 against his father Hatoi. \ ‘i Hatoi diedvprior to 1992 and present petitioner ‘was impleaded as legal representative i.e. widow of Hatoi vide order dated 20/8/ 1992 thereafter on 8/3/2003, present respondent N0. 1 has filed application for amendment in the plaint which has been replied by the petitioner. Resptmdent No. l has filed amendment application P \ and has tr/isd to amend his pleading that present etitioner/defendant No. 1 Ramkunwar Bai was re-siding with Hatoi without any Chudi marriage therefore; she is not having any right over‘ the property. Respondent N0. 1 has also tried to amend relief clause by deleting his claim of 1/2 share and 1/2 share of present petitioner by claim of full share over the property. After providing an opportunity of hearing .to the parties learned Civil Judge Class—l has allowed the petition vide order impugned. Amended copy of the plaint reveals that in the year 1992, present respondent No. '1 has impleaded petitioner as widow of deceased Hatoi i.e. father of present respondent No. l, on that day as per relief clause of the plaint; respondent No. 1 has claimed 1/2 right over the property and has claimed that/defendant No. 1 was owner to the extent of 1/2 share but subsequently by this amendment, petitioner has explained status of petitioner and by amending relief clause has withdrawn the part of relief i.e. relating to 1/2 share oven e the property. Alleged amendment application has filed after .11 years of such impleading thepetitioner as defendant, delay in filing such petition has not been‘ properly explained. Parties are normally not permitted for contradictory pleading and or not permitted to withdraw their admission but in certain circumstances, parties ' may be permitted for contradictory pleading or Withdrawal of their admission. By allowing amendment, Court below has not‘ committed anywillegality relating to amendment in Para‘5 of the plaint but instead of permitting the withdivawal of admission in relief clause, Court below was under obligation to permit the party to amend his relief clause in such amendment to explain such circumstances. Consequently, considering inordinate delay and aforesaid observation, petition is partly allowed. Order permitting amendment of Para—5 shall be subject to payment of cost of Rs. \ v_ p 3,000/ ~ to the petitioner Within 15 days from respondent No. admlsswn plammff/respondent No 1 ls at hberty to amend Para 9 sultably to exp1a1n such claim of entire propertyfnstead of withdrawing such admission, if such application is filed then Court 1s at liberty to hear 85 decide and also under obligation to provide opportunity for consequential amendment to petitioner No order as to oss ‘~{~‘l—¥Lki‘xx‘ ‘ ’ Sd/- T.P. Sharma 7. Judge i I ct 7