-t- c ^ ; WRIT PETITION (227]_No. ^4''?'^"2 010 PETITIONEg /\ '5i^^<."A>-VA ,< ,?" B J3/.y ^/^ 4 ~r ''^'J ^' ,-y^ .^to->^<J ^ ^' ^ /v ^ - 2 Kailash Dewangon aged about 35 years S/o Jhaduram Dewangon, by occupation Doctor R/o Village Raraatola Tahsil Dongargarh at present resident of Mudipara Tahsil Khairagarh Distt. Rajnandgaon. Jhaduram aged about 65 years S/o Puranik Dewangan by occupation Agriculturist R/o Village Raniatola Tahsil Dongargarh Distt. Rajnandgaon. RESPONDENTS A',^-^ P'' Girdharilal Sanceheti aged about 59 years S/o Shri Keshri chandra Sanceheti by occupation Cloth merchant R/o Gol Bazar Dongargarh Distt. Rajnandgaon. HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (227)No. 5472 of 2010 PETITIONER8 Defendants RESPONDENT Plamtifif Kailash Dewangan & another VERSUS Girdharilal Sanceheti WRIT PETmON UNDER ARTICLE 227 OF THE CONSTTEUTIQNOF INtMA fSB: Hon'ble Mr. N.K. Aaarwal, J.) Present : Shri Parag Kotecha, A.dvocate for the petitioners. Shri CJK Rao, Advoeate for respondent. ORAL ORDER (Passed 01125.83.2011) 1. The instant petition is directed against the order dated 02.08.2010, passed by the Civil Judge, Class I, Dongargarh, in Civil Suit No, l-B/10, whereby the petitioaer's/defendant's application for graat of short adjournment for filing ofwritten statement was refased. 2. Shri Parag Kotecha, leamed counsel appearing for the petitioners would submit : due to death of brother of defendant No. 2 he had gone to Allahabad to perform necessary rituals and was not available to put his signatiire on the written statement and in the above condition the petitioners sought short adjoumment which should have been allowed by the trial court. 3.' On the other hand, Shri CJK Rao, leamed counsel appearing for the respondent vvould submit despite several opportimities afforded, the petitioners have not filed their WTitten statement, therefore, the trial court has rightly dismissed their application. "ysB&'1 '3E^ I- "l' ef' 4. I have heard the counsel appearing for the parties and pemsed the order impugned, 5. Troe it is, petitioners failed to file their written sWesievt despite seven adjoumments granted by the trial court. However, lookiag to the fact that due to death ofhis brother on 28.07.2010 the defendant No. 2 was not available on the date ofhearing to put his signature on the written statement, the trial court ought to have granted short adjoumment to file written statement by imposing reasonable costs upon the petitioners. 6. For the reasons mentioned hereinabove, in the considered opinion of this court, the order impugned dated 02,08.2010 being not sustainable in law desen/es to be and is hereby set aside and the trial court is directed to permit the petitioners to file their written statement within a period of one month from today subjecT to payment of a sum of Rs. 500/- as costs payable to the respondent/plaintifF. It is expected that the trial court shall decide the suit expeditiously. 7. Petition is accordingly allowed. No order asto costs. Sahu Sd/- N.K. Agrawal Judge