PETITIONER LAINTIFF Sushil Chand Pagaria, S/o. Late Mang‘ Lal, Aged about 45 years, R/o. Vrindavan Colony, Jagdalpur, Tahsil & District Jagdalpur, Permanent R/o. Vivekanand Nagar, Raipur _(C.G.) VERSUS RESPONDENTS DEFENDANTS Smt. Heera Bai, Wife of Late Faguram Sahu, C—aste-Teh', Aged about 65 years, R/o. Village Polsampara, Durg, P.S. 85 Tahsil Durg , District Durg (C.G.) Bhag‘rathi Jurri, Tahsildar Kanker, Aged about 58 years, Caste-Gond, Tahsil Office- Kanker, District Kanker, (C.G.) Rambharosa Ga‘Wde, S/o. Amar Singh Gawde, Caste-Gond, Aged about 40 years, Halka Patwan‘ Kulgaon, Halka Patwari No.13, Kulgaon, Tahsil Kanker, District Kanker (C.G.) Smt. Nalini Devi Bhagat, W/o. Narendra Kumar Bhagat, Aged about 42 years. P Kumari Komal Bhagat, D/o. Narendra Kumar Bhagat, Aged about 19 years. 6. Mousmendra Kumar Bhagat, S/o. Shri Narendra Kumar Bhagat, Aged about 17 years. 7. Akamendra Bhagat: S/Q. Shri Narendra Kumar Bhagat, Aged about 14 years. Respondent No.6 85 7 minor through guardian mother Smt. Nalini Devi Bhagat, W/o. Narendra Kumar Bhagat, Respondent No.4. Respondent No.4 to 7 all belong to caste—Jaiswal, R/o. Village ,Mahurbandpara, Kanker, Tahsil Kanker, District Kanker (C.G.) 8. State of Chhattisgarh, Through Collector Kanker, District Kanker, (C.G.) RIT PETITION UNDER ARTICLE 22:; OF THE CONSTITUTION OF INDIA W w: 31W, WE; w'RNo- '3 WW ..... W .§§.H...Z;$m None appears for n Shri Amiyakant ’I‘i‘ Shri P.K. Bhaduri, Heard on admiss. maintainability of this pe Instant petition is 2005 passed by the Com Civil Suit no. 22—A/5 amendment in the pla; rejected by the trial Cour Brief facts of the c2 the case was fixed for pl; application under Ordei amendments in the pa application, the plaintjn‘ i the said amendment bela Learned trial Court said application, dismiss sspondents No. 1 tot3.‘ vari, Adv. for the respondents No. 4 to ‘P.L., for the State. ion as well as on the question of :tition. directed against the order dated 5-7- ‘t of Ist Civil Judge Class I, Kanker in 003 whereby the application for nt preferred by the petitioner was t. .se are that on 9-2-2005, a date when aintin’s evidence, the plaintin' died an ‘ 6 Rule 17 C.P.C. seeking certain laint (Annexure P—4). In the said did not assign any reason for seeking tedly. after hearing both the parties on the ed the same by the impugnedgnier 7// wrath; riiiagammwiztrfavysm 11/2008 1,00,000. >W‘??W < ‘\ ¢ aw \i§r§$ “mwmaa‘m i W%m$fw V SB: HON. SHRI JUSTICE N.K. AGARWAL 3-8-2009 V Shri Chandresh Shrivastava, Advocate, for the petitioner. HWWW W m.....uw(fm[kpu? ......g..g.§.?n/.€; 200 mW (W1) { @ a wR NO' BVSQ/ar/ WW % 206 wm ($§%§a§a) kgfgwwh)? \ axm Wwamém k c $aima‘rw ”The wordsg due diligence” have not been dejined in he Code. According to Word Dictionaiy ( n. 2006), the word ‘diligence’ means car l and persistent application or ejj‘brt. ‘Dilig 't’ mean careful and steady m application t one’s work and duties, showing care and ejj’o . As per Black’s Law Dwttonary (18th Eda), ‘diltgenoe’ means a continuat ejio‘rt to aoco lish something, care; caution; the attention d care requiredhom a person in a given s tuation. “Due diiigenoe" means the diligence reasonably expected from, and ordinarily ex mised by a person who seeks to satis‘@ a leg requirement or to discharge an obligation. A rding to Words and Phrases by Drain-D nea (Permanent Edn. 13—A) ‘due dilig , in law, means doing everything E mweWffwgR ¢ asonable, not everything possible. “Du diligence” means reasonable diligence; it means such diligence as a prudent man ould exercise in the conduct of hisownay" .’ ’ e I have gone cane y through the impugned order, material placed on reco and submissions made by parties. Undisputedly, no ' g has been stated in the application filed by the etitioner under Order 6 Rule 17 of C.P.C. with regard to the fact that why the same has not been tiled earlier i.e. before commencement of trial, and therefore, in View of amended proviso to Order 6 Rule 17, C.P.C. and in / // / wacnazwne’mum 'avfa~FS/95 1x/2ang—1,nn,oenl y p e ” e / / @ “La e’ MO 3w L14 Dr" mm mzoo WW(W) k#‘—2—.7—)