Z3 .i.11; !1 HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLEBENCH: Hon'ble ShriS.RNayak, CJ PETITIONER DFD.N0.1 RESPONDENTS WRIT PETITION No. S850 OF.2005 Ramnarayan Rajwade, , S/o Gulabchand Rajwade, aged about 48 years, Occupation-service in State ' Bank of India, Surajpur, r/o yillage Badkapara, Surajpur, Tehsil Surajpur, Dfetrict Surguja, C.G. Versus 1. Gylabchand s/o Mukumsay, Caste- Rajwar, aged about 71 years, Occupation-Nothing, r/o village Badkapara, Syrajpur, P.S. & Tehsil Surajpur, District - Sarguja, C.G. (PlaintifO 2. TheSteteofChhattisgarh, Through Collector, Surguja, Ambikapur, District Surguja, C.G. (DFD. N0.2) Present: Mr.A.K.Prasad, learned counsel for the petitloner. ORALORDER (Passed on 9"' of Dscsmber 2005) By the order impugnsd in this writ petition, the learned triat Judge has refused to receive the written statement sought tobe filed by the petitioner-defendant. Admtttedty, the petitioner-defendant was served with summon?^on 03/07/2004 and though number of •adjoummentB w®re granted, the petitioner-defendant djy not file;tHe written statement. !n ]the cireumstance,!teouidnotbessiiclthateleam^dtrialJudgedidn6texercis8 ^ ^:i;;l K: z^ z.— the discretion judiciously. The writ petition is, thsrefore, dismissed. There shall be no order as to costs. Sd/- ChiefJustice