^o HiGH COURTQFCHHATTISGH AT BILASPUR (Hon. Mr. Justice Pritfnker Diwatier) WRIT PETITION (227) No. 4642 of 2008 PETITIONER VERSUS RESPONDENT PLAINTIFF Jashwant Singh S/o Fakir Singh, aged about 35 years, resident of village Pamgarh, Tahsit Janjgir, DistrictJanjgir Champa, CG. Ramkaii wifeof Ramsharan Tiwari, aged about 60 years R/o village Loharsi Tahsil and district Bilaspur, GG. Mr. M.K. Sinha counsel for the petitioner. Mr. U.K.S. Chandel counsel forthe respondent. WRIT PETmON UNDER ARTICLE227 OFTHE CONSTITUTION QF INDIA ORDER (30.04.2009) By this petition the petitioner is challenging the order dated 7.4.2008 passed by the Civil Judge Class 1 (Link Court) Pamgarh in Civil Suit No. 210-A/2007 whereby the application fited by the petitioner/defendant under Order 18 Rule 17 of the Code of Civil Procedue has been dismissed. ' . Contention of the counsel for the petitioner is that once the application filed under Order 8 Rule 1-A of the Code of Civil Procdure forproducing the document has been allowed, the Court should have allowed the second application also filed under Order 18 Rule 17 of the Code of Civil Proaedure. He submrts that if the defendant is re- calied for cross examination, no harm is likely to be caused to the ^ -2 plaintiff. According to him, the order impugned isillegat and cannot be sustained in the eye of law. On the other hand, supporting the order impugned counsel for the respondent submits that there is no iltegatity in the order impugned because copy of the registered sale deed dated 19.12.1973 has already been brought on recordand ifthe defendant wants to use the said document, being the registered document H: can be used. He submits that the parties have already completed their evidence. Heard counsei for the parties and perused the material available on record. This Court is of the opinion that there is no error apparant on the faceof the record and the order impugned does not suffer from any illegality. Accordingly, the petition has no substance and the same is hereby dismissed. Sd/- pritinkerDiwakar ^ Judge ,— 'iT ,-^ss^: