Jogeshwar Prasad Pandey v. Chetan Anand Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 824 of 2015 Jogeshwar Prasad Pandey S/o. Vidyadhar Pandey, Aged About 50 Years R/o. Village Garenga, Tahsil Bakawand, Jagdalpur, Bastar, Civil And Revenue District Bastar (Chhattisgarh) ---- Petitioner

Versus

1. Chetan Anand Pandey S/o. Late Parmanand Pandey, Aged About 49 Years R/o. Sirasar Chowk, Jagdalpur, Police Station And Post, Jagdalpur, District Bastar (Chhattisgarh)

2. State Of Chhattisgarh, Through : Collector, Bastar, District Bastar (Chhattisgarh) ---- Respondents Shri Manoj Paranjpe, counsel for the petitioer/s. Ms. Sunita Jain, Panel Lawyer for the State.

Order On Board 13/10/2015 Heard.

This petition is directed against order by which petitioner / defendant's application for amendment in the written statement has been rejected. 2.

Learned counsel for the petitioner submits that by way of amendment, a defence that the suit is barred by limitation as the plaintiff had full knowledge of sale deed since 1985.

3.

A perusal of pleadings contained in para 9 (a) of the written statement shows that the defendant has already taken his defence. What he seeks to amend is merely an aspect of evidence 4.

The petition is misconceived. The amendment application has been rightly rejected. The petition is accordingly dismissed. Sd/- Manindra Mohan Shrivastava Judge Deepti