Smt. Ahilaya Bai v. Smt. Surujmati

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 169 of 2021 • Smt. Ahilaya Bai W/o. Shiv Kumar Markam Aged About 50 Years R/o Village Behla Post Sukulkari Tahsil Masturi, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Smt. Surujmati W/o. Prem Singh Gond, D/o. Late Sukhau Gond Aged About 60 Years R/o. Village Belha, Post Sukulkari, Tahsil Masturi, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh

2. State Of Chhattisgarh Though Collector Bilaspur, District Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh ---- Respondents For Applicant - Shri Aishwarya Pandey, Advocate. For State - Shri D.P. Singh, Deputy Advocate General. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-03-2021 Heard.

1.

Present petition has been brought being aggrieved by the order dated 18-01-2021 passed by Xth Civil Judge Class II Bilaspur, District Bilaspur, by which the application filed by the petitioner under Order 14 Rule 5 of the CPC has been dismissed.

2.

Considered on the submission.

3.

It is submitted that additional issues were proposed to be framed by the petitioner on the basis of the amendment incorporated by the petitioner/defendant in WS. After perusal of the amendment in the WS and the other submissions made, this petition is disposed off at motion stage. Without interfering with the impugned order the petitioner is granted further opportunity to file application under Order 14 Rule 5 of the CPC to propose framing of additional issues based on the amendment incorporated in WS pursuant to the order of the appellate Court in Civil Appeal No.97-A/2017. 4.

The petition stands disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil