w HIGH.COURT.OF.CHiiATnSGARHATBILASPUR SB : HON?BLB SHRI JUBTICB PmTENKBRmWAKER W.P. (2271 N0. 3108/2008 PETITIONER Pledntiff Versts^ RESPOKDBNTS Defendaats 2. Sfara.vaii Kuiixar S/0. Itwar Siiigh, Caste Khada (Adivasi) aged about 38 years, Resident Power House Road, Korba At present residence at Khaa's Hut, Opposite Vishwakarma Funiiture Power House Road, Korba, Talisil aud Distt. Korba (CG) Sardar Kashmira Siiigh, aged about 38 years, S/o. J.Smgh, Resident Ghoordeva, Bankisiiongra, TahsU Katghora, District Korba (CG) Present residence Guruuaiiak Enguieeria.g Works Opposite Sweta Nursiag Hoine, Stadium Road, Korba (CG) State of Chhattisgarh, Through Collector, Korba, District Korba (CG) WRIT PETITION UNDERARTICLE 227 QF THE C02S18TITUTION OF INDZA A^peiManee: Shri S.V.Purohit, counsel for the petitioner. Shri M,P.S.Bhatia, counsel for respoudent No. 1, Shri Vivek Sharma, Paael Lawyer for the State. ORALORDER (30.04.2009) With fhe consent of fhe parties, tlie matter is heard fiiiaUy. Challenge iii the preseut writ petition is to tlie order dated 29.03.2008 passed by Second Civil Judge Class I, Korba ia CivH Suit No. 106 A/2006 whereby the right to \ \'} ^^ adduce evidence of the plaiatiff has been closed and the Court has directed for recordiag the evidence of fhe defendants. Leamed counsel for the petitioner submits fhat he has fUed fhe suit for declaration and possession on 31.10.2006 and on 5.11.2007 ttie issues were fmaHy fraxaed. The plaiatiff has been given opportunity twice i.e. on 24.12.2007 aad 11.02.2008 but for one reason or the other, tiie evidence cannot be adduced aiid the affidavit as required under Order 18 Rule 4 of fh.e Code of Civil Procedure could not be filed, He submits that sufficient cause was assigned on 29.03.2008 ie, fhe date ofpassiag of the order but despite that fhe court has not adjusted fhe plaiEittff aad has directed for closiire of fh.e plaiatiffs evideuce, Accordmg to him, tf opportunily is uot given to hiai, he will suffer an. irreparable loss. On the other haad, supporting fhe order im.pugned, it has been subnutted by Shri Bhatia, counsel representiiig respondent No.l and Shn Vivek Shanna, counsel representio-g fhe State that the order is passed stricfly in accordance wifh law aad no leniency can be given to the plaiatiff m such matter. Leamed coirosel for fhe respondents furfher subsmt that after the aiaeiidmeut in. the Code of Civil Procedurc, the siiit itsetf is to be clecided wifh.in the stipulated time aad here, it is a case where the planitiff does not want his case to be decided. I have heard counsel for the respective parties and also perused fhe records. This Court is of the considered opinion that ta the larger iaterest ofjustice, last opportunity shall be given to the plaiatiffto adduce his evidence. The Court below will give one fixed date to tlie plaiatiff for adducmg his evidence. The plaintiff will file afiidavit of ttie witaesses under Order 18 Rule 4 of tlie Code of Civil Procedure withia a period of ten days from. today. The ^^?- witaesses shatl reniam present on the date as inay be fixed by the Court aad no adjouraiaent will be sought for by the plaiatiffin any circuiastaiice, In fhe result, the petition succeeds siibject to paynient ofcost of Rs. 500/- to tlie defendants ia the Coiirt below. Sd/- Pritinker Diwaker Judge