$§R§mE EéE§§$§§ ¢804§ SENGLE BE§£§§ ) I 15 ‘\ I THE HIGH COURT OF CHHATTISGARTI AT BILASPUR N w.P. (227) No.32“ /2909 IN THE MATTER 0F: PETITioNER No.1/ PLAIN§TIFF No.1 /1. Pooran I‘al Valshya, S/o Late Shrl KUnJ Blharl Aged abput 56 years, R/o Ward No 13 P O Pendra Dlstr|ct Bllaspur, Chhattisgarh PETITIONER No. 2/ PLAINTIFF NO. 2 Yuvraj Vaishya, S/o Shri Pooran Ial Vaishya, Aged about 25 years, R/o Ward No. 13, P.O.— Pendra, District-Bilaspur, Chhattisgarh VERSUS RESPONDENTS NO. 1/ DEFENDANT NO.1 Chandu Ial @ Rakesh Vaishya S/o Late Shri Kadhoi Lal Vaishya, Aged about 40 years, Through M. Vaishya Infront of Sharda adies Tailor, L Om Nagar, Jarahabhata, Bilaspur, Chhattisgarh /1. RESPONDENT NO.2/ DEFENDANT No.2 /’ 2. 'Md, Shahabuddin, S/o Shri Samyuddin, Aged about 35 years Prop Hindustan Chicken Centre P O Pendra, District Bilaspur Chhattisgarh WRIT PETITION UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA 3am,.§?f]w,W mmw5&2v%u 03mm) ‘WW(W> .1 o ' 0 p p Hon’ble Shri Justice N.K. Agalrwal ‘ ed againSt the order dated dge Class Ii, Pendra Road, whereby the trial court has e petitioner under Order-17 ner’s further opportunity to V unsel appearing for the er only wants to examine r just decision of this case. court has wrongly closed emaining witness, nsel appearing for the he records, l am of the, passed by the trial court is been granted about 8 to 9 ss but time and again the ven on 24.04.09, despite ght‘time for examination of _o.o7.2009 f3 Shri Ankit Singhal, Advocatef Heard on admission. / The instant petition is dire 4.05.2009, passed by the Civil J ilaspur, in civil suit No. 134 A/O ismissed the application tiled by ule 1 of CPC and closed petit amine remaining witness. Shri Singhal, learned c titioner submits that the petitio ewitness which is necessary f l-e further submits that the trial petitioner’s opportunity to examine After hearing learned c petitioner and having perused Considered opinion that the order juist and proper. The petitioner ha opportunities to examine his with titioner sought time for it and esence of witness, petitioner so ’ maaugm «manta—isms n/moaammoé. Wamym’W 5:"m‘ m... ; aizoo -mm<wiaa<u) ' ‘ warm wmm WWW Wwiiwm 1" awimm 7 " 1o illegjality or irregularity has his witness, and therefore, been committed by the trial court. It is well settled principle; of law that this Court, in >tion uhder Article 227 or the in itself from interfering with elow, except in such cases arity or jurisdictional error is l, which is not in the present xercise of its supervisory jurisdk onstitution of India, should refre e order passed by the Court l: here perversity, illegality, irregu rit large on the face of the recori‘ ase. ln view of facts situation nsidered opinion that this peti' of'the case, l am. of the :ion deserves to be and, is