yy IN THE HON'BLE HI6H COURT OF CHHATTESGARH AT BILASPURfC.G.) W.P. (227) No.2-^3 of 201J PETITIONER/ Plaintiff RESPONDENT/ Defendant VERSUS A'^.^'Ji- /^o.^-:""^'A-^>"*>"...-•" , ^••<e3'%<<^'^ ^^y^^ Ajay Yadav, aged about 26 years, S/o Shri Dasru Yadav, R/o Parvdti Nagar, Gudhiyari, Raipur, Tahsil & bistrict- Raipur(C.G.) Lalita Mishra, aged about 47 years, W/o Sarwanand Mishra, R/o Parvati Nagar, Gudhiyari, Raipur, Tahsil & District-Raipur (C.6.) (S's'- WRIT PETTTEON UNDER ARTICLE 227 OF THE CONSTITUrCGN OF INDIA >/>' -«<t arr^ V i^" HIOH COURT OF CHHAmSOARH : BIIASPUR S.B.: HON*BLB SHRI MANniDRA MOHAN SHRIW^TAVA. J. Writ Petitlon (2S27) No.2283 of 2011 PEyrmONER Ajay Yadav Plaintiff RBSPONDBNT Ve»sus Lallta Mishra Defendant PetlUon u/Article 227 ofthe ConstituUon of India Aopearance: Shri Sanjay ^rawal, counsel for the petttioner. ORAL-ORDBaa (Passedon 5.5.2011} Heard. 2. This petitlon has been filed by Che petitioner a^rieved by order dated 17th Jaauary, 2011 passed by the 7th Additional District Judge, Ralpur, whereby the petitioner's application for grant of adjoumment imder Order 17 Rule 1 of fhe C.P.C. has been rejected. 3. Leamed counsel for fhe petitioner submits that CTI 17tl1 Januaiy, 2011, case was Usted for recording plauitiff evidence and plamtiff - wj.tnesses- Pramod & Manoj were to be examined on fhat day. However, as Pramod could not appear, prayer for adjoumment was made which has been rejected by leamed Court bdow without considerit^ the grouuad sought for adjoumment, only on kai -2- V. '^. ^ the ground that several opportunities have been granted earlier. Leamed counsel for the petitioner subimts that the Court below was obliged to consider fhe ground of adjoununent on its own merits and by not considenng fhe said grounds, rejectii^ the appllcation oiily on the ground fhat nuinber of adjourmuents were granted earller, is illegal. He ftather submits fhat tiie Gourt has perversely recorded fhat nine opportunities were g"anted, whfch is falsified from various order-sheets placed on records. 4. A perusal ofthe impugned order dated 17th January, 2011 shows fhat petitioner's application for adjoumm.ent on stated grounds has been rgected by fhe leamed trial Court on (he groiHid that earlier also time was granted. From various order-sheets whfch have been placed on record, I find that the finding recorded by fhe trial Court that nine opportunlties were granted to lead evidence, is also not correct. Once fhe plaintiff/petitioner sought adjounnnent on specific grounds stated in his applicatlon, the leamed trial Court was obllged under fhe law to consider (he said groiinds in order to decide whefher adjoumment should be granted or not and (he plaintiflT should be aUowed to lead remalniag witaesses. That obviousfy has not been done. The leamed Coiut below 1s swayed by fhe fact fhat earlier ateo opportunities were granted, but, has not considered whefher (he ground for adjoumment sought was Uable to be aasepted or iiot. Therefore, fhe order appears to be apparenfly Ulegal. ^ ^ -3- 5. The petitioner is fhe plaintiff and in the event petteioner is iiot allowed to lead fhe remainu^ witaesses, he would siiffer miscarriage ofjusttce. Therefore, I ara inclined to mtCTfere with the impugned order dated 17th January, 2011 to the extent it seeks to reject the petitioner's appllcation for adjoumment. Accordingly, impugned order dated 17tfa Januaiy, 2011 to fhat extent is set aside. Instead of remanding fhe matter for consideration of application for adjoumment, tn view of fhe grounds which have been stated in fhe ^)plication for adjoununent, it woiild be proper to allow the petitioner/plamttff to lead evidence by adducing remaming two witaesses. For (his purpose the torial Court shall ysait one more opportunlly to fhe plalntiff/ petitioner to lead evidence. It is made clear fhat if the plaintiff/petitioner falls to lead the evidence on fhe date lixed t>y fhe trial Court, the trial Court shall be at Uberty to proceed wlfh the matter. 6. The petition 1s accordingly aUowed. Pcaveen Sd/- Manindra Mohan Shrivastava Judge