^ <h\. HIGH COURT OF CHHATnSOARH AT BILASPUR WMTPBTITIOK (2271 WO. 4467 OF S»)ll PBTITIONBR PLAINTIFF RESPONDENTS DEFENDANTS WBRSUS 1. 2. 3. Kunti Yadav D/o Late Sailhuraai Yadav, f^/sd about 35 years, Occupation Ud)our, R/o Fokatpara, Haiualpara Kharasya, District Ra^arh (C.G.). Purushottam Agiawal S/o Late Harchandrai Agrawal, aged about 52 years, Occupation Business, R/o Behmd Railway Statioa, Kharasya, District Raigarh (C.G.). Tahsildar Kharasiya, District Raigarh (C.G.). State of Chhattisgarh, Through Tfae CoUector, Raigarh (C.G.). WRIT PETITIOW UNDBR ARTICLB 227 OP THB C!ONSTmm<Mt OF INDIA. (8B :Hoa'Ue Mr. T.P.SInrma, J.) Present:- Shri Santosh KumarTiwari, Advocate for the petitioner. Shri Sushil Dubey, G.A. for the State/respondents No. 2 & 3. Respondent No, 1 not noticed. QRAJL-ORDIMl . P'assedoa 10/08/2011) 1. By this petition under Article 227 of fhe Constitution of India petitioner has ctiaUenged fhe legaUly and propricty ofthe order dated 4/5/2011 passed by- Civil Judge Class-2, Kharasiya (C.G.) in ciwil siiit No. 102-A/2009 dfemMsmg the amendment appUcation filed on behatfofthe petitioner/plamtiff. 2. Shri Saatosh Kiuaar Tiwari, Advocate for the pctitioaer and Shri Susbil -- Dubey, G.A. forthe Stete/respondents No. 2 & 3 are heard. 3. Order irupugned perused. 4. Present pctitioner has fited amcndmeat application before the date of cvidence/settlmg date aud has tried to amend his pleadiag relatiag to maintainabiMty of suit, whUc amendlng Para-5A of the pteint. Althoi^h, aforesaid ground was availablc to the plaintiff at the fiting of the suit but it appears that aforesaid pleading relating to mamtainabili^ of suit may te necessary for decision offhe siut. Considering fhe fact that petitioner has not ^tS- ".""•••i^;,,_ •^' .-"•"-^•^. 5. 6. •^—i: pleaded aforesaid facts at (he tune offiMag plaiat and twccsstty of afoBesaid amendxnent, in uuy oplnion obscrvance of pioceduial law woiuld bc ftrtile exercise. Conseqaenffy, petition is aUowed subject to paymcnt of eost of Rs. l,000/-to ffae respondent No. 1 before thc Court below wifhia 15 dag's from today and thereafter plaintiff naay amead his plaint as claimcd ia Para-9 ofbis appUcatton. AU iaterun appUcations are also dismisscd. No order as to oosts. T.P. Sharma Judge