:-•, t ^- ^ // HIGH COURT OF CHHATTISGARHAT BILASPim SB :HON'BLE SHRI JUSTICE PRITINKERDIWAKBR W.P. (2271 N0. 3670/2008 PETITIQNER Versus 3. Shyama Bai, W/o. Ram Khilawaa, aged about 58 years, Caste Sao, R/o. ViUage LaMu-aai, TahsU aad Distt. Bilaspur Hariram Sahu, S/o. Vishrain Sahu, aged about 55 years, Caste TeU, R/o. Village Lakhram.,' Tahsil and Distt. Bilaspur (CG) Rain Narayau Sahu, S/o. Sitarata Sahu, ^ed 34 years, Caste TeK, R/o. Villagle Lakhram, TahsU aad Distt. Bilaspur (CG) State of Chhattisgarh, Through CoUector Bilaspur (CG) WRXT PETITION UNDER ARTICLE 227 OF THB CONSTITUTION OF INDIA Aooearaace: Sbri Sanjay Patel, coimsel for the petitioner. Shri Ravish Verma, couasel for respondent No. 1 & 2. Shri Vaibhav Goverdliait, Paael Lawyer for the State/respondent N0.3. ORAL ORDBR (24.04.2009) With the consent of the parties, fhe inatter is heard finaUy. Aggrieved with the order dated 28,02.2008 passed by leamed Vth Civil Judge Class II, Bilaspiir m Civil Suit No. ,,L.'!(.. /o ^- 149 A/2006, fhe plaia.tifi^/peti.tioner has filed the present petition. By the order rmpugned, right of plamtiff to adduce ^ evidence has been closed. Learaed counsel for the petitioner submits fhat prior to fhe date of passiug of the oider nnpugned, only one adjoumment was taken by 1iim as on the retevant date, aU of a sudden, the plauitiffs witaesses had faUen sick. Therefore, they were not present for cross examinatiou. Thoi^h, tiieir affidavit under Order 18 Rute 4 ofthe Code of CivU Procedure is atoeady there on record. Hc further subnuts that if fhe order is not set aside and due opportunity is not given to the plamtiff he will suffer irreparable loss. On fhe ofher hand, Sbri Venna, learued counsel for fhe respondents No.l & 2 as weU as learued counsel &r fhe State supports fhe order impugued. I have perused the record aad Iieard the aiyunents. This Court is of the considered opinion that in the larger interest of justice one opportumly shatl be given to fhe plaintifi' to present her witaesses for exaaunation. lu the result, fhe petition succeeds subject to payment of cost of Rs. 500/ - to fhe defendaats m. the Court below. The Court below wUl give one fixed date to fhe plamtaff for presenting her witnesses for exaiaination. ^. - unV^et s^^ev QW' p^'^ ^ s-"^