^; / G\c\ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WPNO. /2003 PETITIONER PLAINTIFF Modh. Iqramulla, son of Abdulsattar, aged about 63 years resident of Chhotapara, Raipur, Tah and Distt. Raipur (Chhattisgarh). VERSUS RESPONDENTS DEFENDANTS ^s^0...-'' ^j^"'/ '^'-•'" 1. Nagar Palik Nigam, Raipur. .-' ^\ Through : the Ayukt, Nagar PaUk 2. MutawalU, Jaama Masjid, through : Azimuddin alias Sheikh Mohiuddin, Bairan Bazar, Raipur distt. Raipur (Chhattisgarh). WMT PETITION UNDER ARTICLES 227 OF THE CONSTITUTION OP INDIA XI-HC—78 'S^ "41<41d'4, »fliy<16,I^TOiy .tA)..s:.^±^... sn^r Tpw (-i^^q) '< ait-T 'ERT R-fitfi "'ql 3II^T Atljcb ?«nw^fW3ii^i '^1^1^41'f 'S?TR?ff ^ I^St ^^cK ^TSffiP? 311^1 09.01.2004 Heard Shri Atolay Kumar Bhad^iri, eounsel for the petitioner. ' This writ petition has bean ^rBferred under Article 227 of the Constitution of India, challen9ing tl^e order dated 11.(%.2003 (Annexure P-3) passed by the 6th Civit Judge, A/2002, whereby 1fae teamed Civit Ptoss-I, ftayur. in Civil Suit No.368- Judge has rejected the petitioner's application under Order 26 ftule ^ (A) of the C.P.C. for allowing the petitioner to get himself examined oiji Commission. Leamed counsel for the petitjoner submits that -the petitioner is a patient of arthritis and l^.willnot be abte to stand m Court during his exumination, •that is why the petitiei(er movect dn application under Order 26 Rule 4 (A) of the C.P.C. Leamid counsel further submits Ihat the purpose of "riie petitioner witl;be <|erved if the (»tttion is disposed of wi-th a direction -rtiat as and when *(ie petitioner presents himself in the Courl' for his axaroination as a witjiess, he nwy be allowed to give his evidence white sitting in a chnir. The request made by -the iearned counsel for the petitioner fooking to the condH'ion and medico|l certificate of •the petrtioner, in my opinion is just, fair and peasonable. Therefore, the petition is clispo^d of wrth a diwction -that as and w|hen Ihe petitioner appears for his examination as a wttness, -the leam4<l Preskling Judge of -the triul Court' '-/<-0 ' ^ST •^WMii, vsv\ww, isi<niylj,< C^.T. Sf^V •T^T ('^3^1) -5'T'^T ^T T^TF TI^T •S'lI^¥T^^T^ Soma ^•1^^414 'Wf^ff ^* ^S <M-^S< ^T affatr sn^i will take care that -the petitione^ will be exammed whila sitting in -riie chair, looking to his ailment. In view of this ordet No.9914/Z003 srtand disposed of. Parties we entitted for certpfied copy of th<s order, . M.(W.3P.No.3121/2003 and I.A. Sd/- L.C.BHADOO Judge /_^U_iL