/\: \\ \‘ I? HIGH COURT OF CHHATTISGARH AT BILASPUR Wrlt Petltlon No 820(2005 PETITIONER Smt.‘ Rashmi Agrawal, Aged (Original plaintiff) about 37 years, W/o Damodar Agrawal, Resident of Ramasagarpara, ’ Raipur Tahsil and District Raipur (C.G.),,_ VERSUS RESPONDENT Shri Inderlal Agrawal, Son of (Origina1Defendant) Shri Shankarlal Agrawal, Prop. M/s. Bansal Dali Udyog) Gram Mowa, Raipur, Tahsil and District Raipur (C.G.) 1 WRIT PETITION U/A 227 OF THE CONSTITUTION OF INDIA. ’ a (SB :Hon’ble Mr. T.P.Sharma, J.) Present Smt AnJu Ahuja Advocate for the petitioner None for the respondent although served ORDER (Passed on 31/10/2011) l. By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 19/1/2005 passed by 3rd Additional District Judge, Raipur (co) in civii suit No. 6—B/05 whereby while dismissing application filed under Order 17 Rule l of the Civil Procedure Code, 1908 (in short ‘the Code’) Court below has closed the right to adduce evidence of plaintiff. 2. Smt. Anju Ahuja, Advocate for the petitioner is heard. 3. Order impugned perused. 4. rder impugned clearly reveals that earlier plaintiff was present before the Court along with her witnesses but evidence of witnesses h‘ were not recorded thereafter on 14/ 12/2004 one adjournment was sought. On 19/1/2005 on the ground of serious illness of father» in—law of petitioner, application for adjournment was filed which was dismissed, Court are under obligation to take a rigid view to decide the case as early as possible but on the same time, they are L I ii O V‘L/ J7 under obligation to provide reasonable opportunity of hearing to the parties. Order impugned reveals that petitioner had produced her Witnesses several times but due to paucity of time, her Witnesses were not examined, in these circumstances, harsh action by the Court was not proper. By passing such order, Court has committed an illegality. Consequently, petition is allowed. Order dated 19/1/2005 is hereby quashed. Court shall opportunities of adducing evidence to the petitioner within 45 days from today, No order as to costs Certified copy as per rules. Sdl- provide two K i T. P. Sharma Judge .v" .