T-f- 'nSl.lSS.i ttSUf rf^"B°1"' S~S B: o •-' jff- IN THE HON'BLE HI6H COURT OF CHHATTIS6ARH AT BILASPUR (C.6.) W.P. (227)N0. l^- /2011 PETTTEONER/ PLAINTEFF ^ ^^ RESPON&ENTS/ DEFENbANTS -^ : Smt. Damini Kunjam, W/o Late Shanshyam Kunjam, aged about 34 years, R/6 Block No. 61, Plot No. 665, Pushkar Nagar, Junwami, Bhilai, Tahsil & Distt. Durg (C.6.) VERSUS ^:1. Ku. Bhanumati Duruv, aged about 40 years, &/o Shri Bhawani Singh Dhruv, R/o Village Koliyari, Post Office Bhkhara, Tahsil Kurud, bistt. Dhamtari (C.6.) / 2. Ku. Manshi Kunjam, aged about 6 years, 3. Ku. Manihsa Kunjam, aged about 4 years, Respondent n. 2 & 3 are minor Through - Natural guardian mother Ku. Bhanumati Duruv, D/o Shn' Bhawani Singh Dhruv, R/o Village Koliyari, Post Office Bhkhara, Tahsil Kur-ud, J)ii+^' -Dha"T+^') (c-^') . € i. ^ Distt. Dhamtari (C.6.) WRIT PETETEON UN&ER ARTECLE ^27 OF THE CONSTETUTEON OF INDIA ^ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (2271 N0. 267 OF 2011 PETITIONER PL.AINTIFF RESPONDENTS DEFENDANTS Smt. Damini Kunjam Versus Ku. Bhanumati Duruv and others. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF ^NDIA (Sinale Bench: Hon'ble Shri N.K. Aaarwal. J.l Present : Shri S.K. Guha, counsel for the petitioner. ORAL ORDER (Passed on 19th day of January, 2011) Heard. 2. The instant petition is directed against the order dated 20-12-2010 passed by Second Additional/Principal Judge, Family Court, Durg, District Durg in Case No.230-A/2009 whereby the learned trial Court has closed the right to adduce evidence of the plaintiff. 3. Learned counsel appearlng for the petitioner submits that although the petitioner has failed to examine his witnesses, if the opportunity is not provided to the plaintiff/petitioner, irreparable toss would be caused to her. 4. The order impugned is perused. Definitely the petitioner/ptaintiff has not taken proper precaution and care to prosecute its case but in the present case, the petitioner/plaintiff has not examined the witnesses. Considering the facts and in the interest of justice, the petition is allowed subject to payment of cost ofRs.3000/- to the respondents within a period of 30 days from today. 5. Accordingly,the order impugned dated 20-12-2010 is hereby set-aside. The learned Court below shall provide the opportunity to the petitioner/plaintiff to produce the so!e ^6 Kw witnesses and shail permit her cross-examination by respondent; and after providing reasonable opportunity of adducing evidence to the respondents, shall decide the case on its own merits. No order asto costs. Sd//- ' N.K.Agrawal A Judge