IN THE fHGI-i COURT OF CHHATTISGA§H AT BILASPUR w,p.{227)No. ‘72\\ / 2010 SIE‘Qga-E 3ENGH f “ M/s Laxman Bhai Dayabhai Patel, y/lpMlvLg Tobacco 85 Biri leaf Merchant, Patel Complex, Padmanabhpur, Durg, District— Durg (C.G.) PETITIONER : VERSUS RESPONDENTS : 1)‘ M/s Sanbedi Traders, Jolalpet, (Tamilnadu) 2) /‘ M/s Mirza; Ahemad Beg 8n Company, Biri Bives Contractor, H. No.1o—o3—3‘15, Masses Tank, Mohammad' Menson, Haidarabad (Andhra Pradesh) RIT PETITION UNDER ARTICLE-227 OF THE CONSTITUTION OF INDIA W HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (227) NO. 7211 OF 2010 PETITIONER M/s Laxman Bhai Dayabhai PLAINTIFF Patel. RESPONDENTS M/s Sanbedi and another. WRIT PETiTlON UNDER ARTICLE 227 OF THE CONSTITUTION OF 1NDIA ' (Single Bench: Honble Shri N.K. Agarwal, J.) v Shri Ashish Surana, counsel for he petitioner. Present t (Passed on 1 da of January, 2011) Heard. 2. The instant petition is directed against the order dated 25- 10-2010 passed by Eleventh Additional District Judge, District Durg in Civil Suit No.17-B/2005 whereby the learned trial Court has closed the right to adduce evidence of the piaintiff. 3. Learned counsel appearing 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 loss would be caused him; As per the petitioner, the date is fixed on 7‘“ February, 201 1. 4. The order impugned is perused. Definitely the petitioner/plaintiff has not taken proper precaution and care to prosecute its case but in the present case, the petitioner/piaintiff has not examined the witnesses. Considering the facts and in the interest of justice, the petition is aitowed subject to payment of cost of Rs.3000/— to the respondents before the next date of ' hearing. 5. Accordingly, the order impugned dated 25-10~2010 is hereby set-aside. The» learned Court below shall provide the opportunity to the petitioner to produce the sole witnesses and Versus ORAL ORDER 8‘“ y m0) shali permit his 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. Kvr Sd/— . N.K. Agrawal Judge