Shrawan Kumar Nai v. Shatrughan and Ors.
Case brief
What is this about?
The High Court acknowledged a writ petition challenging an impugned order dismissing an amendment application in a civil suit closed to evidence. The petitioners faced service difficulties as some respondents were not residing at the given addresses.
What the court decided
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HIGH COURT OF CHHATTISARHG AT BILASPUR WRIT PETITION NO. 3658/2004
'Shtawan PET‘ITIONERS 1. Ku. Nai S/o shri Kax‘tik Ram (Defendar1ts) Nai, aged about 35 Years. 2. Smt. Shanti Bai Wdfo Shri Karn‘k Ram, Both the R/ o Village Dandesara, —Chhati, post tahsil . Kurud, Dist. Dhamatari (C.G.). VERSUS RESPONDENTS 1. Shatrughan S/ o Shn' Ankalha (Plaintim Resident'of Village Dandesara Postk‘urud; Tahsil and Dist. Dhamatari (C.G.). (DefendantNo.3)‘ Bishat S/o Shri Mhettar Naiv R/o Villge Dandesara Post Chhati, tahsil and Dist. Dhamatari (C.G.). ,‘(DefendantNo 4) Aasham S/o Shri Mh‘ettar Nai ’k Resident of Village Dandesara Post Chhati, tahsil and Dist. Dhamatmi (QGJ. (DefendantNo.5) 4. State of Chhattisgarh through The collector‘Raipur (C. G.).
WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA.
(SB:Hon’bleMr.T.P.Sharma, J.)
Present: Shri R S Patel Advocate for the petmoners Shn Sanjeev Kumar Agrawal P L 1‘01 th’e State/respondent No 4 None for the respondents No 1 to 3
ORAL- ORDER '{Passed on 03/08,!2011')
. i Notice has been refused by respondent No. 1 and has not been served i " upon respondents No. 2 8r, 3 on the ground that they are not residing in the given address. . ‘ BErthis petition under Article 227 of the Constitution of (India petitioners have challenged the legality and propriety of the order dated 17/7/ 2002 V‘ passed by 2nd Civil Judge Class-1, Dhamtari'(C.G. ) in civil suit No. 99A/98 whereby Court below has dismissed the application for amendment tiled on behalf of the defendantgNo. 1 after closing of evidence of plaintjh‘s. Case was pending before the Court since 19:98 before rejecting the applicationforamendment Court below was undger obligation to consider
Issues for consideration
1 issue framed by the court
Whether the High Court should interfere under Article 227 to restore an application for amendment rejected by the lower court after evidence closing due to improper service.
Parties & counsel
- petitioner
Ku. Nai S/o shri Kax'tik Ram
- petitioner
Smt. Shanti Bai Wdfo Shri Karn'k Ram
- respondent
The collector, Raipur
Coram
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · August
- Registered
- Case no.
- WP/3658/2004
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