Before Hon'ble High Court 0f Chhattisgarh at Bilaspur (C.G.)r WP. ______'1_’L§_____ 2005 Petitioner:- Kheduram Dewangan S/o Patangram Dewangan Plantiff R/o Near Sunil Ata Chakki Shastri Market Nandini Road Bhilai V/S Respondent:- 1/11) Dinganlal Guina S/o Ramgopal Gupta Defendent $ Camp - 2, Kishan Chowk, Power House Bhilai Thana Chawni, District Durg (C.G.) / (2) State of Chhattisgarh Through Collector, Durg t / Writ Petition under Article 226/227 of Constitution ofIndia Xl-HC-78 *7 >.§m20 5 w?‘73 .0 m’min'ai . mammaf‘w) mamm wmamiai ‘ ‘mmiwm 7 a “ ‘ ,4 ,mmméaa‘néa ‘ I I @ “a r Nonc pmscnt on bahalf o 5$pourknt N0. 1 in ite of s€rvicc No mpmsenfation is madg. Mn. Sunil Otwani, Panel r or the tate] respondent No.2. e f S I have heani learned cou r the parties, ~ Aricle 22227 cf te onstituon u S gahg an l -0 4 by the ' (1V11 222 pi t di evidence 011 9-1-2004 and re ted the application filed by the petitioner herein under Sectieu 1 of the Coe of Civ Prcedure for ai1owing him to adduce evidence de order dated 15—25. Having heard learned co 1 for the partiee, ave perused the relevan’t oxtier sheets. On < 1 adoéébs Mr. RS. $hxivastava, c l fo tha etitioner. , o e r p f I Sp By this writ petition und t 61 h Cti of India, the petitioner hae q tioned the k, 7 pmpriéiy d cemecmess ofthe orders dated 2—205 ii; 9—1—200 paSsed f‘h earned Civil Civil Judge, Judge Class-i1, cioeed Burg, the. light of Suit the No2-A/00, ettiener o whereby aiuee 2003, the issues were sled and the matter was fixed for'24~9— 3 fo filing of the iist of witnesses end for fixing the date of evid e. 24-—2G03, he petitioner herein med the list cf witnesses the matter as fixd or evidence m 1£§‘—i.0v—2f)03. 7 On i3—10-2G proceedinge coti take piece 011 accouni of the death of some A cate and he matter‘was fixed for aetitioner’s evidence on 7—11~ . On 711—2003, the petitioner iierein sought adjouniment for ucing e videuce ami the matter. a d th e was iixed for evidence of the p ioner erein oh 18412-003. 1cc0unt of declaration of holid on‘v 18-12-20G, the matter wa :aken up for hearing on 19— 2003 nd on that-day also the ¢ \ j c 1 d il o i -200 u 1se I h 9 n ,1 fo e ~ ett 2 O r e' c On 9 t d w e f O , id d o t 2 3 — e ’r h 2 Cm .y 3 s 1‘ 4 a Xl-HC—78 w§377§ W'aim'ai $12005 . ....... mam (1am) ' mamtéaia: wmmmim ' 'mmwma R2: mm€mmr $mw€a - ~ w piaimifi’s Witness was not preent, last o‘pporiunit'y to adduce the evidence was given to the petiti ner herein and the matter was fixed for §—1-2004. On 9-1-2004 a about l p.111. when the matter was“ taken up for healing, counsel the petitioner herein sought some time to adduce evidence. Acc ptm‘ and at that time, counsel r the petitioner hemili/requested for ‘half an hour adjustment, that s *alsoallowed and when the matter was taken up 4.45 p.111. the -aintiif and the Advocate both were absent. Therefore, learned C Judge closed the evidence of the piaintiff .amd the matter W fixed for defendant’s evidence. Thereafter. on 22-1-2004, th tile Was requisitioneti by the 18* Additional Dietrict Judge, Durg which was received back by the 8Tb ‘Civil Judge, Class-ll, Durg, on :8—11-2im4 and the matter wee fixed for defendant’s evidence. However, for the ‘lirst Time on 1—2—2005 when the matter was fixed for defendant’s evidenoeythe petitioner herein moved an application under Section 151 of the ORG. tor allowing him to adduce the evide nce. Perusal of the above order sheets Show that sumcient opportunity was given to the petitioner herein to adduce the evidence, but the petitioner failed to u‘ilize the same. Even on the last opportunity i.e. 9-1—2004 on the requeet of counsel tor the petitioner herein, the matter was fixed at 3 . 10 pm. thereafter, at 4.45 p.111. and when the piaintin' and hie coun eel were absent, learned Civil Judge Closed the evidence. Similarly, me appiication under Section 151 of the C,P.C. was iiled for allowing the petitioner to adduce evidence after about one year one month, till then the plaintiff remained Silent. ngly, the matter waicaned at 3. 10 M‘ A r i o h 'l a i ' ‘ 7$ masm$ 31m!w (W) - mmmmsr , 4g- Themfme looklng to 'lhe abpve facts I L10 n01 iind guy Illegahtv 0r irregulanty 1n, the impug bv this Court undm‘ Altitk circumStances, the writ p6 dismissed 311d it is herehy ¢ismissed. No cosm Consequently, WNW. 5006/ 2005 stand dispOSal u n..." “12005 :mésmrm amanwm _ mm#wm $Wm€w med orders, which reqmre no mtsrference 2'27 of thc Caustiiutian of India. In the tition has no, main samé s liable to be P.No.6'26i2005 I A Nos J8a4/ 9000 an of. Sd/- L.c.BHADoo Judge \ SP/FS/zoo5 - 20,000 \ ?7 i d \