HIGH COURTOFJUDICATURECHHATTISGABHiBII.ASPyR Single Bench : Hon'bte ShriJustice Satish K. Agnihotri WRIT PETITION (Cl N0.218S OF 2007 Petitioner Resoondent Asha Agrawal, W/o Bijay Kumar Agrawal, Aged about 33 years, Proprietor - Rajgharana Sari Shop, J-47, Textile Market, Pandri, Raipur. Represented through her Husband, Power of Attorney Holder on her behalf - Bijay Kumar Agrawal, S/o Late Shri Satyanarayan Agrawal, Aged about 40 years, R/o Pandri, Raipur (CG). Vereys Vikesh Kumar Saraf, S/o Shri Ashok Chand Saraf, Aged about 25 years, R/o In front of Gokul Chandrama Mandir, Budhapara, Raipur (CG). ^ ,^\ Present:- Shri Ashok Soni, counset for the petitioner. ORDER (Passed on 10m April, 2007) The petitioner has filed an application under Order VI Rule 17 of the Code of Civjl Procedure, 1908 (for short "the Code") for making certain amendments in the written statement on the basis of provisions of Sections 5 and 6 of the Chhattisgarh Aocommodation Control Act, 1961 (for short 'the Act"). The IXth Additlonal District Juc^e, Raipur, by order dated 8-2-2007 (Annexure-P/1) rejected the same on the ground that proviso to Rule 17 of Order VI of the Code olearly provides that no application for amendment shall be allowed after the trial has oommenced, unless the Court comes to the conolusion that inspite of due diligence, the party could not have raised the matter before the commencement of trial and on the ground that the amendments and written statements based on provisions of law oannot be held that the petitioner could not raise eariier despite due diligence. The appllcation was accordingly dismissed. B agpnf uioqmSv '^ qspes -/PS •j.o pssodsip spueis 'isiiai ujustui joj uoiieoiidde 'I.'ON'V'I 'A|}uanbssuoo (f •psssiujsip AiBuipjoooe si pue psssiujsip sq 0} S8AJ9S9P UOI}!lSd SL|l 'SAOqB 84} p M31A U| (g •eipui p uo!}nt!]suoo squo ^ss sioivv Jspun uoipjpsunf AiosiAjadns s)t yi ssiojsxs ui ijnoo SIL|I p souaBinpui jo^ ||BO 01 se jspjo psuBnduji sq) ui jojje leuoiioipsynf jo A}!|BBS||! 'AIILUJIIU! ou sj sjeyi (2 IBt