##PAGE1##

1

2026:CGHC:6368

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WP227 No. 729 of 2023

1 - Brij Mohan Katare S/o- Late Kundan Lal Katare Aged About 31 Years R/o- Lal

Bahadur Shastri Ward, Bhatapara, Tehsil Bhatapara, District : Balodabazar-

Bhathapara, Chhattisgarh

2 - Purshottam Katare S/o- Late Kundan Lal Katare Aged About 24 Years R/o- Lal

Bahadur Shastri Ward, Bhatapara, Tehsil Bhatapara, District : Balodabazar-

Bhathapara, Chhattisgarh

---Petitioners

Versus

1 - Laxmi Bai Katare D/o- Late Kundan Lal Katare Aged About 45 Years R/o- Lal

Bahadur Shastri Ward, Bhatapara, Tehsil Bhatapara, District : Balodabazar-

Bhathapara, Chhattisgarh

2 - Saroj Katare D/o- Late Kundan Lal Katare Aged About 42 Years R/o- Lal

Bahadur Shastri Ward, Bhatapara, Tehsil Bhatapara, District : Balodabazar-

Bhathapara, Chhattisgarh

3 - Ramla Katare D/o- Late Kundan Lal Katare Aged About 38 Years R/o- Lal

Bahadur Shastri Ward, Bhatapara, Tehsil Bhatapara, District : Balodabazar-

Bhathapara, Chhattisgarh

4 - Chitralekha D/o- Late Kundan Lal Katare Aged About 33 Years R/o- Lal Bahadur

Shastri Ward, Bhatapara, Tehsil Bhatapara, District : Balodabazar-Bhathapara,

Chhattisgarh

5 - Kejal Bai D/o- Late Kundan Lal Katare Aged About 65 Years R/o- Lal Bahadur

Shastri Ward, Bhatapara, Tehsil Bhatapara, District : Balodabazar-Bhathapara,

Chhattisgarh

2

6 - Madan Singh S/o- Ghanaram Teli Aged About 55 Years R/o- Near Saint Mary

School, Bhatapara, Tehsil Bhatapara, District : Balodabazar-Bhathapara,

Chhattisgarh

7 - State Of Chhattisgarh Through Collector- Balodabazar- Bhatapara, District-

Balodabazar-Bhatapara, Chhattisgarh (Defendants)

--- Respondents

{Cause title, as taken from Case Information System}

For Petitioners : Mr. Shobhit Kosta, Advocate.

For Respondent No. 6 : Mr. Vijay Shankar Soni, Advocate.

For Respondent No. 7 : Mr. Rohitashva Singh, Deputy Govt. Advocate.

{Hon'ble Mr. Justice Sachin Singh Rajput}

Order on Board

04/02/2026

1. Challenge in this writ petition is to the order dated 31.07.2023 passed by

Civil Judge, Class -I, Bhatapara, District Baloda Bazar (C.G.) in Civil Suit

No. 13-A/2017, whereby an application under Order 6 Rule 17 read with Section

151 of the CPC filed by petitioners / plaintiffs for amendment in the plaint has been

rejected.

2. Facts of the case, as projected by the petitioners/plaintiffs, are that the

petitioners/plaintiffs have instituted civil suit for declaration of title, possession and

for permanent injunction in respect of the land bearing Khasra No. 526/13,

renumbered as Khasra No. 70/2, area 1872 sq.ft. situated at village Patpar, Patwari

Halka No. 7/10, Tahsil Bhatapara, District Balodabazar-Bhatapara (C.G.). Written

statement on behalf of the respondent No. 6-defendant No. 6 has also been filed.

Evidence of the plaintiffs was also recorded and the case was fixed for recording

defendants' evidence. At that time, respondent /defendant No. 6 filed an application

under Order 8 Rule 1(A)(3) of CPC (Annexure P-4), for taking documents on

record, and intended to file documents, which includes a registered sale-deed

dated 06.03.1973 & 18.04.1973, revenue records in the name of Ghanaram B-1

3

year 1999-2000, Khasra of the year 2000-2001, B-1 1999-2000 in the name of

Madan Singh, patwari map of the suit land and certified copy of the order dated

24.10.2000 passed by Tahsildar, B-1 and Khasra Panchshala of the Year 2022-23

and original Rin Pustika of respondent No. 6 / defendant No. 6 and original receipt

of taxes paid.

3. Learned Civil Judge, Class-I, Bhatapara (C.G.), vide order dated 27.06.2023,

allowed the aforesaid application and the documents filed alongwith this application

are taken on record.

4. Learned counsel appearing for the petitioner submits that since the

documents, which have been filed by the Respondent No. 6/defendant No. 6, were

affecting the right of the petitioners / plaintiffs, therefore, in order to clarify the

position, consequential amendment are required to be made in the plaint, thus, an

application for amendment in plaint was filed, in whi