WRIT PETITION UNDER ARTICLE 227 OF Smt. Satobai and others. HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (227) NO. 5304 OF 2010 PETITIONERS Defendants N0.1 to 3 Versus Badrinarayan Dubey and others. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA (Single Bench: Hon'ble Shri N.K. Agarwal, J.) Present : Shri D.N. Prajapati,counselforthe petitioners. Shri B.L. Dembra, counsel for respondent No.1. Ms. Sangeeta Mishra, Panel Lawyer for the State/respondents No.2 to 4. ORAL ORDER (Passed on 25‘“ day of January, 2011) Heard. 2. The instant petition is directed against the order dated 03- 09-2010 passed by Civii Judge, CIaSS-I, District Uttar Bastar, Kanker in Civil Suit No.19—A/2003 whereby the teamed trial Court has closed the right to adduce evidence of the defendants. 3. Learned counsel appearing for the petitioners submits that aithough the petitioners have failed to examine their witnesses, if the opportunity is not provided to the petitioners/defendants, irreparable loss would be caused to them. 4. The order impugned is perused. Definitely the petitioners/defendants have not taken proper precaution and care to prosecute their case but in the present case, the petitioners/defendants have not examined the witnesses. Considering the facts and in the interest of justice, the petition is allowed subject to payment of cost of Rs.3OOD/- to the respondent. 5. ‘ Accordingly, the order impugned dated 03-09-2010 is hereby set-aside. The Iearned Court below shall provide two Opportunities to the petitioners to produce their witnesses and shall permit their cross-examination by the respondent and shall decide the suit on its own merits, in accordance With law, as early as possible preferably within a period of three months from the date of receipt of copy of this order. No order asto costs. Sd/- N.K. Agrawal Judge KW