^ T HIGH COURT OF CHHATTISGARH AT BSLASPUS SB : HON'BLE SHRI JUSTICE PRETINKER DIWAKER W.P. MO. (227} 3095/2008 M/s. a Verssts Star Pyrotechnic, partaership haviag its registration No. 219 Year 2006/07, Maagdapara, Raipur through its Partner Shri Irfan Mohamtaed, Son of Late Haji Nisar Mohamiaed, resident of Mangdapara, Raipur (CG) . Irshad Mohauunad, aged about 45 years, son of Shri Haji Nisar Mohanunad, resident of C.G. Bada, Kanna Chbwk, Ramnagar, Raipur (CG) Sate of Chhattisgarh, fhrough. CoUector, Raipur UNDER ARTICLE 227 OF •raECONSTITUT!ON OP INDIA Sbri Kshitij Sharoia, counsel for the petitioner. Shri Vaibhav Goverdhan, Paael Lawyer for fheState. QRALORDER (06.04.2009) ChaUenge ia this writ petition is the order dated 05.05.2008 passed ia Civil Siiit No. 39 Af'2006, whereby the leamed Distnct Judge, Raipur has rejected tlie application of fhe petitioner vide Order 26 Rule 4 of the Code of Civil Procedure: By ttus appUcation, it has been prayed by fhe petitioner fo examiae the pIamtiffwitoessSmt Mehrunnisa on comirussion. I tiave gone through the appUcation as ffled by fhe petttioner and fhe unpugned order passedlay the trial CoT.irt. Sufficient cause/reason has been assigned by the petitioaer in the applicatioa for exaxuiniag the witaess on conimissioa. Tlie said appKcatioa is aUowed. The order impugned dated 05.05.2008, is set aside and ihe writ petition is ailowed. The court below is directed to examiae Smt. Mehrunnisa on commissioxi. The petitioner wfll make available fhe said witaess at tiie first hearing itsetf and no adjouiTunent would besougbt by £hepetitioner. | Sd/- 1 PritinkerDiwaker Judge Sii^uria. ...—^^