r- ^^s^.i^^ ^ ff'y ...,^%^ li %1P^1 .^^ ^^^? '^^F!^;^^ ^b HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (227) No. 4559/2010 PXTITIQNBRS DBPBNDANT RESPONDENTS PLASNTIFPS VBRSUS 1. 2. Basant Lal Jaiswal, aged about 36 years, s/o Sitarain Jaiswal, R/o In front of Jagat Dal Mm, Near Culvert, TeU Para, Bilaspur, Tahsil aad Distt. BUaspur (C.G.) Jagdish Prasad Sahu, aged about 54 years, s/o Ramavtar Saliu, Radheshyain Sahu, aged about 38 years, S/o Ramavtar Sahu, Both R/o In front ofJagat Dal MiU, Near Culvert, TeH Para, Bilaspur, Talisil and Distt. Bilaspur(C.G.) WRIT PETITEON UNDER ARTICLE 227 OF THE CONSITUTION OF INDIA. (SB sHon'ble Mr. T.P.Sharma, J.) Present:- Shri Rav-indra Agrawal, Advocate for the petitioner. Respondents not noticed. ORAL- ORDER (Passedon 16/08/2010) 1. Heaid. Order impugned dated 3/7/2010 passed by leained 9th Civil Judge Class-II, BUaspur ia civil suit No, 91-A/2009 whereby belated ainendment application filed on behalf of the plaintiffs have been allowed by the Court below perused, Leained counsel for fhe petitioner submits fliat by pennittmg tiie amendraent Court beldw has cominitted aii iIlegaUty aiid Court below has permitting the new cause of action for filmg fhe fresh suit which is not permissible under fhe law, Order impugned, copy of plaiat aad copy of aEaendiaent appUcation reveal fhat originaUy suit was for hatf portion of tlie ••^.^s.-^: -^- ^ 5. land aad subsequently on chaage of circumstaiices plaiatiffs have filed petition for aniendment which is aa additional cause of action ia favour of tlie plaintiffs during pendency of suit alfhough Court below has pennitted the aoiendment after lapse of considerable tiine but only on ttie ground of delay amendinent caiinot be refused in. suitable cases, I do not find any Ulegality iti the order impugued requirmg aay interference. Conseqziently, this petition is Uable to be dismissed aiid is hereby disniissed. No order as to costs, Sd/- TR Sharma Judge </-