^ ;%< /7^w 'cf' WRIT PETITION (227) No. 3823 of2008 years, sori of Ghanshyam Bharadwaj, Kabir Ward, Kaii Seoni, P.S. Tah. & Distf. Seoni (M.P.) son cf R< Kumar oeing n mother through his iegai guardian Smt. Karuna, wife of Raj waj, aged 30 years. ioth residents of house of Ratanial Tah. Batod, Distt: Durg (C.G. Smt. Anju Ahuja, counsel for the petitioner. M< me appears for the respondsnts though Vakalatnama Ur^SiSSJS. VRIT reTmONUNDERARTiCLE 227 OF THE CONSTiTUTiON Challenge in the present petition is to the order dated 8.1.200S (Annexure P-3) passed by the Family Court, Balod Dsstrsct Dure whersby appiication filed by the petitioner under Order 17 Ruie 1 of the Code of Civii Procedure has besn dismissed. Consequentiy, the 2) tt has been submitted on behaif of the petitioner that in his petition fiied under Sectlon 25 of the Guardian and Wards Act on l.01.2008 when the case was fixed for his evidence, he couid not l/w' ~ 3-— was su chest pain and hospitaiized. in support of his application the petitioner had fiied the necessary medfcal certsficate. By the impugned order not oniy fhe pSicatson fifed by the petitioner .seeking adjournment has been ^ dismsssed but hss entire case has been dismfssed wifh cost of usii avajlable on re .01.2008 is liabte the order dated ElcaSion filed s vvas duly supported by the medlcai papers snd sufflcient cause has been shown by the petifloner >r nis . It !S ccordinfiiy set aside. The Cjvii Suit No. 2/2007 !s directed to be the Retjtioner is dsrected to ItJi the petitioner wili file an affidavit under Order 18 Rule 4 of Code of th Civii Procedure a week prior to 4'" May, 4) Accordingly, the pefition is aiiowed. Sd/- Pritinker Diwaker Judge ?Tyt>