@ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) N0. 3476 OF 2010 Bodhram S/o Nanki, aged about 23 years. Sodhram 8/0 Nanki, aged about 24 yeam. Godram S/o Nanki, aged about 22 years. Punimati Wd/o Nanki, aged about 50 years. A11 resident of Village Darogamuda, Near Fouji Dhaba, Raigarh (CG). Sonabai D/o Nanki W/o Punjram, rjo Village Sardamal, Post Nandeli, Tahsil Khaxsiya, District Raigarh (CG). Sanmat @ Kondi W/o Gaya Ram, r/o Village Taparda, Tahsil and District Raigar‘h (CG). vr (PLAINTIFFS) . PETITIONERS 1. 2. VERSUS RESPONDENTS Panchram Sjo Samey Singh, aged 55 years, occupation Labour, by caste Kewat, R/o behind of Jutmill thana, Raigarh, tahsil and district Raigarh (CG); ' Santra'm S/o Samey Singh, aged 50 years, occupation labout, by caste Kewat, R/o Mittumuda Raigarh, Tahsil and District Raigarh (CG). (a) Babu Lal S/ o Puniram. (b) Smt. Duas S/o Puniram, r/o Darogamuda, Raigarh (CG). State of - Chhattisgarh Through collector Rajgarh. Mahgmati Wd/o Sukul, aged 65 years. Chamrin D/o Sukul W/o Adhyoyik Kewat. (SI. No. 5 and 6 R/o Village Miloda, RS. Chandrapur, Tahsil Dabhra, District Janjgir Champa (CG). Sonai S/o Munu Kewat, R/o Village Pandan'pam', Raigarh, Tahsil and District Raigarh (CG). Mimha D/o Munu Kewat, r/o Mohana Budi Maa Talab, Mastagali, Kotra Rcad, Raigarh, Tchsil and Diatxict Raigarh (CG). Sukanti D/o Munu Kewat, r/o Village Suinghanpur, P.S. Bhupdeopur, Tahsil and District Raigarh (CG). 10. Prahlad S/ o Baiga Kewat, 1 1. Nanki S] o Baiga Kewat. (SI. No. 10 8r. 11 r/o Mohana Mittumuda, Raigarh, Tahsil and District Raigarh (CG). (DEFENDANTS), WRIT PETITION UIA 2Z7 OF THE CONSTITUTION OF INDIA. 1 (SB :Hon’ble Mr. T.P.Sharma, J.) Present:— Ms. Indira 'I‘ripathi, Advocate for the petitioners. Mr. Rakesh Jha, Dy. GA. for the State, ORAL- ORDER (Pzmsed on 15 I07] 20 10) 1‘ By this petition Under Article 227 of the Constitution of Indian petitioner has prayed issuance of writ for suitable direction and quashing of the order dated 6/5/20 10 whereby the right to adduce the evidence of the petitioners/ p1ainti£fs has been closed by 2nd Civil Judge Class 2, Raigarh in Civil Suit NO. 62A] 2009. 2. Learned counsel for the petitioners frequently admits that in the present case plaintins were not caution in adducing their evidence but certainly on 6/ 5/ 20 10 they were suffering from typhoid and were not in position to present before the Court therefore in adverse circumstances they were not present to examine themselves as a witness. 3. Learned Counsel for the State opposed the petition. 4. Order impugned perused. 5. In the present case plaintin‘shave not examined any Witness. Defendant has not admitted any part of the claim but in stead of proceeding Under Order 17 Rule 2 or 3 Court below has after closing opportunity to adduce the evidsnce of thc plaintiffs has given, opportunity of adducing the evidence to the defendant passing impugned order, Court below has not justified, On due consideration, petition is allowed subject to payment of cost of Rs. 2,000]~ to respondents No. 1, 2 and 3(a), (b) within 30 days from today. Order impugned is hereby set aside. Court below shall provide two opportunities of hearing to the piaintin'slpetitioners for adducing theirevidence and thereafter after providing reasonable opportunity of hearing to the opposed party decide the case in its own merits. LA. No. 01 dismissed summarily. No order as to costs. Certified copy as per rules. 4V