w a‘g (0% Slmwgay W IN HIGH COURT OF CHHATTIseARH AT BILAsPUR WRIT PETITION (Arman NOIWSJ OF 2009 / PETITIONER Avinash Kur‘re, son of Shri (Plain‘l’iff) Ram Pr‘asud Kur'r‘e, aged abouT 20 year‘s, Occupa’rion- Sfuden’r, residem of Sahu Para, Gudhiyar‘i, Raipur', Disfricf Raipur‘ (C6) ”Vs RESPONDENTS 1. (Defendan’rs) /Shr‘i Dhar‘am Singh Kur‘r\e, son of Kalkafiya Kurre, aged abouf 45 years, Occupafion-Ser‘vice, ‘i residen‘r of Thakkor Banpa Ward, Gudhiyari, Raipur‘. 2. Shri Panchr‘om Kurr‘e, son of KalkaTiya Kurre, aged abouf 4O years, Occupofion— Agricul’rure. 3. Shri Roshan Kumor‘ Kurre, son of Narayan Prasad Kurre, aged abouT 21 years, Occupation- Agricuh‘ur‘e, 4. Shri Nand Kishore Kurr‘e, son of Narayan Prasad Kurr‘e, aged abouT 21 year‘s, Occupafion— Agriculfur‘e. 5. Smf. Pushpa Devi, widow of Lafe Narayan Prasad Kurre, aged abouT 42 years, OccupaTion~ Housewife. 6. Minor Shri Jyofish Kumar, son of Narayan Prasad Kurre, aged abouf 14 years. 7. Minor Shri Sanjay, son of Narayan Prasad Kurre, aged abouf O8 years. No‘6 & 7 bofh Through Their nafura! guardian mofher‘ Srm‘. Pushpa Devi. 8. smf. Maribai, wmow of Kalkafiya Kurre, aged abouf 60 years, Occupafion—Housewife, No.2 fo 8 are residenfs of Village Kaihofiya, P.S. Mungeii, Disfricf Biiaspur. 9. Smf. Virja Bai, wife of Tilak Ram Lahre & daughfer of Lafe Kaikafiya Kurre, P.S. Mungeii, Disfrici Biiaspur. 10. Smf. Jambai, wife of Nof known, aged abouf 45 Y ears, Occu aTion- Housewife, residenf of House of KalkaTiya Kurre, Thakkar Gudhiyar‘i, Raipur', Disfricf Raipur (CG) 11.5hm' Baba Ward, Chandra AJgale, Lokram Ajgale, of Rajendra Ravigram. Raipur. 12. SmT. Chnmpa Devi, wife of Sh' Roop Kumar Gendle/ resident of Near fhe house of Dr. Kurrel Babe Ward, ) Raipur, Ram AjgaHe, son of Shri Lokram AJgalle, residem‘ of D 146, Nagar, Ravigmm, Telibandha, Disfricf Raipur'. Kumar wffe of Shri residem‘ Nagar‘, Telibandhd, Thakkar Gudhiyar'i, Dfsfricf Raipur‘ (CG 13. Shri Ganesh Rajendr'a PETITION UNDER ARTICLE 227 OF THE CO -R‘ NSTITUTION OF INDIA m S.B. Hon’ble Shri Justice N.K. Aga wal 07.1 2.2009 Shri BP Sharma with Shri Kshitiz Sharma, Advocates for petitioner. Heard on admis$ion. Feeling aggrieved by the order dated 13.10.2009 (Annexure P/1), passed by the Xith Civil Judge, Class II, Raipur (CG), in Civii Suit No. 136—A/08,0whereby and whereunder the application preferred by the petitioner‘unde Order 6 Rule 17 of CPC for amendment seeking amendmen to remove clerical error has been dismissed, the petitioners ha e filed the instant petition. The facts in brief are that the plaintiffs instituted a suit seeking relief of declaration and permanent injunction over the ’ suit property against the defendan s. The amendmentwas sought to correct the ‘cle'riCal error arisen i mentioning the correct area of the alleged Khasra number which has been written as 0.056 Acre in place of 0.057 Acre due to typo raphical error and further 0.058 Acre‘has written in place of 0.15 Acre The defendants did not file an? reply to that application. The trial court dismissed t e said application only on the ground that the amendment has b en sought belatedly. Dip’t Print with this order, he may take apprc ‘ law. Sahu V .Ha’ving heard the counsel a having perusing the record, in the onsidered opinion of this court, ed the applicatiOn preferred by the trial ccurt has wrongly dismis the petitioners. : Therefore, the petition is allowed and the order dated 13.10.2009 (Annexure P/1) is hereby set aside and it is directed that the trial court shall permit the petitioners to amend their plaint accordingly. ‘ However, it is made clear th at if the’other party is aggrieved priate steps in accordance with Sdl- N.K. Agrawal Judge Dim Prin tee are pearing for the petitioners and