HIGH COURT OF JUDICATURE CHHATTISGARH '. BILASPUR SINGLE BENCH : HON’BLE SHR! SR. NA‘IAK, C.J. .-.-.-.“um...“._-_...._-.--.-.-.--.. lTlON No.1412 OF 2006. WRIT PET Present: Shri BP. Sharma, learned c Shri P. Diwakar, Iearned Sr. ounsel for the petitioner. Advocate with Shri PR. Patankar, learned counsel for the respondent. ORAL ORDER (Passecl #15.— on 5 October, 2006.) l am of the considered opinion that the learned trial Judge did not exercise the discretion vested in him judiciously and in accordance with law. Along with the application made on 25.08.2001the petitioner— applicant had enclosed medical certificate marked as Annexure -— P/6 before this Court. The learned trial Judge is not justified in observin that Annexure—Pls must have been procured. The learned trial Judge has not disclosed any reason to form such an opinion. l allow the writ petition, set aside Judge and allow the application filed by the petitioner under Order 17 Rule 1 C.P.C. No costs. Sdl- Chief Justice (2) In that view of the matter, the impugned order of the learned trial g i k FETmONER Murthy, Aged about 60 years, through Mls. Acharya Enterprises, Phool Chowk, GE. Road‘ Raipur. Vs. Finance RESPONDENT MP. Financia§ Corporation House, Agra Bombay Highway, indore, 452 001.