:«r.f^* ^* T*?"*t^Lt.*. <-.p" IN THE HON'BLE HIGH COURTOF CHHATTISGARH AT BILASPUR W.P. (227) N0. l\0fc /2011S.B. PETITIONERS (PLAINTIFFNO.l) (PLAINTIFF N0.2) T/6^'^?5 ^^'^ ^^^^- p:3 V1» ^ s:- --;':**?\'^-"" ^""^•v'" :/ 1. Smt. Baby Sharma W/o Shri Mahesh Sharraa, aged about 30 years, Caste- Lohar ^- 2. Smt. Sujan Sharma W/o Shri Rajendra Sharma, aged about 48 years, Caste- Lohar, Both R/o Ward No. 31, Nahrunagar, Sub Station Sector-5, Balco Nagar, Tahsil & Distt.- Korba (C.G.j. VERSUS RESPONDENT LDEFENDANT1 Chunnu Gupta S/o Late Shri Gaurishankar Gupta, aged about 50 years, Caste- Baniya, R/o Nahrunagar, Near Sub Station, W&rd No. 31, Balco Nagar, Tahsil & Distt.- Korba (C.G.). WRIT PBTITION UNDER ARTICLE 227 OF THE CQNSTITUTION OF INDIA The petitioners, most humbly and respectfully, submit as under:- 1. PARTICULAR OF THE PETITONER (S) As mentioned in the cause title. 2. PARTICULAR-OF THE RESPONDENTS As raentioned in the cause title. ^- VM. ?ff"TB!" ^-^^c^ Co.' COURT_OECHHATTIS i227) N0. !l Ai^.i.-ri Smt, another iby Sharma and Versus Chunnu Gupta WRIT PETITION UNDER ARTiCLE 227 OF THE CONSTITUTION OF .INDiA 'resent : Shri Sameer Singh, counsei for the petitioners. fQ-^a-f'f^^i /ti<n tCU day of Fsbruary, 201 Heard. 2 Order dated 10-01-2011 Class-1, Korba in Civil Suit No.: instant petition. passed by First Civi! Judge, 3-A/2008 is under assail in the dated 10-01-2011, the petitioners' appiication the Trial Court on the ground that the piaintiffs iuce their witness despite severai opportuRities 3. Vide order was dismissed b} have faiied to given to them. 4. Learned counsel appearing for the petltioners would submit: the witness Rajendra Sharma was present on 16-11- 2010. Due to prayer of respondent, he couid not be cross- examinsd and, therefore, the matter was fixed on 10-01-2011. On that date due to some personai reasons, the v/itness could nc-'t come to the Court, therefore, in thaf clrcumstance, the petltioners prayed for adjournment. The same has been rejected by the Tria! Court which is not proper. -Having heard learned counse! -for the petitioners having perused the order-sheet dated 16-11-2010, in consictered opinion of thls Court, the Trial Court shouid have l^^gS', 8 ,;^ ^^ .y ~'^:-.^ ^L^-'" '- -•..•SiSE.'^^' K"r aiiowsd the prayer of actjournment for production of their witness i.e. Rajendra Sharma. Therefore, the petition is allowed and the iearned Tria! Couri: is directed to permit the petitioners to produce their witness Rajendra Sharma on the next date of hearing for respondent's cross-examination and to proceed wlth the case thereafter, in accordance with iaw. 6. Since this petition is heard in 'the absence of respondent, he is free to move with an appropriate applicatlon, if aggrieved. Sd//- ( ' N.K.Agrawal Judge