E3¥NGLE BEE§€M f? ‘Q/g ’ \g(/ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G. W.P.(U/A227)No. {02w /2011 PETITIONER / : Saraswati Mishra, PLAINTIFF w/o GOpal Mishra, aged about 72 years Occupation- Housewife, R/o Near FCI Godown, Tarbahar, Bilaspur, Tehsil & District Bilaspur (C.G.) VERSUS RESPONDENT DEFENDANT / Jai Prakash Agrawal A5”! “1334: 573‘s S/o Shri B.R.Agrawal, Ocupation Businessman, R/o Village Vidya Nagar, Hanuman Hardware , Vyapar Vihar, Bilaspur Tehsil & District Bilaspur (C.G.) r :3; H 4 wwwi \\ o w HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (227) No. 1080/2011 PETITIONER Saraswati Mishra Versus RESPONDENT Jai Prakash Agrawal' SB:- HON’BLE SHRI N.K. AGARWAL, J PRESENT :— Shri Rajeev Bhanat, Advocate, for the petitioner. o RAL o RD E R (24—2‘2011) 1. Heard. 2. The petitioner has filed this petition against the order dated 19-11—2010 passed by 3rd Civil Judge Class—II, Bilaspur in Civil Suit No. 41-A/2009. 3. Learned counsel for the petitioner submits that the petitioner/ plaintiff filed affidavit under Order 18 Rule 4 of C.P.C. of her Witness Pashupati Nath and his cross— examination is yet to commence. Meanwhile, the petitioner also filed an additional affidavit of Pashupati Nath but the same was not accepted by the trial court on the ground that cross'examination of Sarashwati Mishra has already commenced, which is not in accordance with law and it will deprive the plaintiff/petitioner to prove her case. 4. I have heard learned counsel for the petitioner and perused the’order impugned. 5. Considering-the facts as projected by the petitioner, in the considered opinion of this Court, since cross-examination of witness Pashupati Nath was yet to commence, therefore, the trial court should have allowed the plaintiff/petitioner to tile additional affidavit in the form of examination—in—chief because by that, no prejudice is going to cause to the other party. In View of above, in the considered opinion of this Court, the order impugned deserves to be and is hereby set aside. It is directed that the trial court shall permit the petitioner to file additional affidavit of witness Pashupati Nath and thereafter to proceed with the case in accordance with law. Since this order is passed in absence of the respondent, therefore, if he is aggrieved, he may file appropriate applicationx The petition is allowed. Sd/- N.K. Agrawal Judge