t C^ ^e-5^/- THE HZ&H COURT OF JUDICAWRE AT BILASP^ ITHS&4RH ef 200^ PEJITIONER/; (Plaintiff) rvi S/o Bhagwondin Ti'«var.', ^•^o<^): ^yy' '<^.-^ .•* rfn^ ...••" Iv-' Aqed about 79 years, i?3-K'''L^""' ..••• S/o Near Dr. Pendaiwcr, Torwa, Bilaspur, Tehsi! & bist"ict; gifcspur, Chhcttisgarh. ^®*- ^" RISBQybENTS/: (Defendants) i^ 1. Ashok Kumar Ubratl (Sindhi), S/o Sewak Rarn Sindhi, ft/o To,"wa, Bilaspur, Tehsii & &istr'ict: BifasDu". Chhattisgarh. '^•'^ /1<-t<^>p? 2- state °T: Chhattisgarh , /fte'^c>- • rough the Coilector, ^3' Bi'JGSpur, Di-stTlct^ BilQ-SDur Chhattisgcr'h. ^y&^ T F CONSTITUTION OF INDIA FOR ZSSUANCE OF ?"rr a -to ! TL >£; -W's .AHQAWS. CGKTlOtAKI .A.N&/01 OTHi !LE fj?° i-.l. XI-HC-22 an^T^ir fSRTqiSII^T Sbtfit) df?(T aifTffi j3 3'^' •^lillO'4, BTd'M'Ko, [s|01«y 3(1^1 Mflcft w/ p.ccy^o. ^^i3/z-^6 *4l*<wi sniich ••••••••••••••••••••• ^ 200 fgre^ 3(1^T5^ITW(rf?a' 10.11.2006 Shri Rajeev Shrivastava, l^arned counsel for the petitioner. Heard on admission. By this writ petifion filed India, the petitioner has chall^nged the legality of the order dated 20.9.2005 passed by the 1st Civil |Judge, Class-11, Bilaspur, in pending Civil Suit No.67-A/2005 (old No.85/20|CX)). By fhe said order, the learned trial Judge has allowed the appticat|on of the defendant by which he had prayed for recalling the plaintiffs the grounds that an application was allowed by the trial Court on hwitnesses for their cross examination on For amendment in the written statement ^hich, it was necessary for him to further defendants took many dates for interfering with the aforesaid jurisdiction. However, looking to «Bi<i?ci<fl-iiiKciTfftec^l'<Ri+^ii ^sTf^iTsn^r mder Article 227 of the Constitution of cross examine the plaintiffs witn^sses. Learned counsel for the t>etitioner submits that in this case, the plaintiff had closed his evideijice on 27.8.2001 and thereafter the adducing their evidence, but they could not adduce their evidence and ul|timately an application for amendment in written statement was filed on 214.7.2002 and the same was allowed on 12.9.2002 and thereafter, this apd)lication has been filed and the same has also beenatlowed. His submissjon is that the application is malaflde with an intention to delay the proce^dings of the civil suit. It is stated by leamed counsel that the order a!|>out allowing the amendment application was not challenged by the Plaintiy in revision or writ petition. Since the trial Court has ^llowed the application on the ground of amendment permitted to be inc|orporated in the writ petition, 1 am not impugned order in my supervisory |he inordinate delay in prosecution of the A) ssas ^ XI-HC-22 3:£T-:qTqRTO, ®T(I'H'I(S,R|dl+|^< 311^1 ^iach ^J' P, £)Mo. ^•5/3/2^>6 f^a sn^r^r f^TCSTI^T gi'm^fffN' d- ^itO w^r?RiTW(if5tT 2. (i) that the plaintiff w) number) on the ne^ and the trial Court ^Ncpfrr wrat'ff fWt rfsFRK ^srf^tTsn^r suit, particularly on the part of dejfendant, 1 dispose of this petition on the fotlowing terms: produce his all the witnesses (3 in |t date of hearing before the trial Court shall permit the defendant to cross examine those witnisses as per the impugned order and if their cross examin; the matter shall con (ii) after completion of fix a date within 3( defendant's evider completion of the shall be expedited produce any witn^sses for which a service is required, necessary steps subsequent date ff assure that the wi| within the said peri{ trial Court, accordirlg to this order. With the aforesaid observ of at the motion stage. Consequently, M.W.P.N] disposed of. |tion is not completed on the said date, tinue on the subsequent day; the cross examination, the trial Court will days from the said date for producing ice on day to day basis and after efendant's evidence, hearing of the trial it the earliest. If the defendant intends to ie taken immediately even before the xed for hearing of the case so as to inesses of the defendant are produced >d of 30 days, which shall be fixed by the tions, this petition is summarily disposed .4431/2006 for interim stay atso stands^ Sdf- Sunil Kumar Sinha Judge Cflty^) BB ss • K^ ^MS SSJSS M B