!^^^^^isi;^^^'?.::; i^':?^%^?a'^^^^Kjt@S^®^;^;s^^^'3ti£;?^^:%^^§%^^^^^^^^^ HIGHCOURTOFeHHATnSGARH.BIl-ASPUR WritPetition (Art.2271No.4300of2atO PETITIONER/: (PlaNiff) Rakesh Chatureedi, aged about 41 years, son of ShriSantlal Chaturvedi, Occupation Service, resident of B-505, C.G. Heights, Daldal Seoni, Mova, Raipur, presently residing at 204, Satyam Building, Shivan Heights,. Nehru Nagar, Bilaspur(CG) RESPONDENTS/: (D.efendants) Versus 1. State .of Chhattisgarh, through the Collector, Korba, Distt. Korba (CG) 2. Superintendent of Police, Korba, Distt. Korba(CG) {Petition under Article227 ofthe Constitution of India} Present: Mr. Rajeev Shrivastava, counSel for the petitioner. Mr. Sushil Dubey, Govt. Advocate with Mr. U.K. Singh Chandel, Panel Lawyer for the State/respondents. Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORAL ORDER (20-8-2010) 1. I have heard learned counsel for the parties and perused the order impugned dated 31-7-2010 passed by the.2 Additional District Judge, F.T.C., Korba in Civil M.J.C.No.4/2010, whereby the application filed under Order 9 Rule4 of the C.P.C. for restoration of the suit dismissed for want of prosecution on 24-7-2010, has been dismissed by the Court below. 2. Learned counsel for the petitioner submits that the petitioner has filed suiton 3-5-2010 and on 24-7-2010, the petitioner was not presentwhen thesuitwas called for hearing, butthereafter, he has filed applicationon same day i.e. 24-7-2010 for restoration of the suit and the said application has been dismissed by theorder impugned. 3. On the other hand, learned Statecounsel opposes the petition. 4. Considering the factthatthe Court below has dismissed the suitfiledon 3-5-2010and the petitioner has filed restoration application on same day of its dismissal i.e. 24-7-2010, without any further observation, the petition is allowedand the order impugned is hereby set aside. Civil Suit "s *,. :r-,^ N0.2A/2010 dismissed for want of prosecution be restored to its.origjnal number. The Court below shall proceed further with the trialof the suit. Noorderasto costs. 5. I.A.No.1 stands disposed pf. Sd/- T. P. Sharma \ Soma e