Rajendera Kumar Batra v. Harinarayan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (S) No.

7 74 of 201 Rajendra Kumar Batra, S/o Late Brijlal Batra, aged about 78 years, R/o House No.37/15/74, Pt. Jawaharlal Nehru Ward, Jawahar Nagar, Raipur, District - Raipur (C.G.) Additional Address Sanjay Batra, S/o Shri Rajendera Kumar Batra, C/o Birbal Panjabi Hotel, Sharda Chowk, M.G. Road, Raipur (C.G.) ---- Petitioner

Versus

Harinarayan, S/o Late Brijlal Batra, Aged about 62 years, Resident of Seetal Medical Store, Near Vivekanandra Ashram, G.E. Road Raipur, Tahsil - Raipur, District Raipur (C.G.) ..... Plaintiff ---- Respondent For Petitioner : Mr. Avinash K. Mishra, Advocate. For Respondent : Mr. H.B. Agrawal, Senior Advocate assisted by Ms. Itu Rani Mukherjee, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 3 /0 5 /201 Heard.

(1) By the impugned order dated 20.12.2016, the trial Court has allowed an application for amendment, by which the plaintiff has challenged registered relinquishment deed dated 17.05.1969. (2) Learned counsel for the petitioner/defendant would submit that the amendment should not have been allowed by the trial Court and, therefore, the impugned order deserves to be set

aside.

(3) On the other hand, counsel for the respondent would support the impugned order.

(4) I have heard learned counsel appearing for the parties and perused the order impugned with utmost circumspection. (5) The suit is at the initial stage and the trial Court finding, that proposed amendment is necessary for just & proper decision of the case, has allowed the amendment sought by the plaintiff. However, the defendant, petitioner herein is at liberty to make consequential amendment in the written statement and can make necessary pleadings with regard to the relinquishment deed; and the trial Court would see if the issues are required to be framed before proceeding with the suit on the amendment made by the parties.

(6) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-