\ Defendant P!aint!ff HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLEBENCH : HON'BLE SHRI S.R. NAYAK, C.J. WRjTPETiTION (C) N0.5060 OF 2006. Keshav Ram Dewangan 42 Yr. S/o. Late Abhay Ram Dewangan, Sri Tailors, Sundernagar Square, Raipur. Vs. Smt. Biram Bai 51 Yrs. W/o Rupram Dewangan, Lakhenagar, Raipur. Shri Raja Sharma, iearned counse! forthe petitioner. Shri B.P. Sharma, learned counsel for the respondent. ORAL ORDER (Passed on 5tn October, 2006.) The petitioner is the defendant-tenant in Cjvii Suit No.53-A/06 on fite of the Court of the VIII Civil Judge, Ctass-il, Raipur. The application made by the petitioner-defendant under Order 8 Rule 1A (3) of CPC has been rejected by the learned tria! Judge by the order Impugned in this writ petition fi!ed under Articie 226 ofthe Constitution of India. (2) Having heard the learned counsel for the parties, 1 am of the considered opinion that learnedtrial Judge is notjustified in rejecting the appiication for the reason stated by him in the impugned order. Since respondent-piaintiff/iand-tady sought eviction of the petitioner from the scheduled premise on the ground that the same is required for the use of her son who is unemployed, the defendant wanted to produce certain photographs to show that the son of the piaintiff does not require the petition schedule premise and he is already in occupation of some other premise for his purpose. In the clreumstance, ! aliow the writ petition, set aside the order of the learned trial Judge and ailow the applicatfon filed by "\ -SL- the petitioner under Order 8 Rule 1A(3) of the CPC as prayed for. Learned trial Judge is directed to try and dispose of the suit itself, as expeditiously as possible, in any evsnt, within a period of six months from the date of receipt of a copy of this ordsr. -c^T,~— ChiefJustice