HIGH COURT OF CHHATTISGARH AT BILASPUR w.p. (227} no. 3560/2011 PETITIONER (Plaintiff) VERSUS RESPONDENTS 1) (Defendant) A?) Jayant Knmar Shrama S/o Late Shli Manilal Shanna, Aged about 45 ycam, R/o Quarter No. 94 Goha, Nayapara, Gandhi Chowk Raipur Distt. Raipur (C.G.). Sanat Chaudhari, S/o Tarachand Chaudhari, Aged about 4O Years, R/o Ward No. 13, NawapaJa, Tahsil Abhanpur, Distt. Raipur (C.G.). Pmkash Chaudha'ri, S/o Tarachand Chaudhari, Aged about 50 Yeals, R/o Wam No. 13, Nawapala, Tahsil Abhanpur, Distt. Raipur (C.G.). Ramesh Chaudhari, S/o Tarachand Chaudhari, ‘ Aged about 48 Yeals, R/o Ward No. 13, Nawapam, Tahsil Abhanpur, Distt. Raipur (C.G.). Smt. Indim Shaxma, Aged about 65 Years, W/o Late Shn' Manilal Shama, R/o. Quarter No. 94 Gotra, Nayapara, Gandhi Chowk Raipur Distt. Raipur (C.G.). 2) 3) 4) 5) 6) 8) Manoj Knmar Shanna, Aged about 47 Years, Om Pxakash Shama, Aged about 43 Yeaxs, 1 Poonam Sharma, Aged about 42 Yeam, Deepak Sharma, Aged about 41 Yeaxs, A11 the Respondents No. 5 to 8 S/o Late Shri Manilal Shanna, R/o Quarter No. 94 Gou‘a, Nayapara, Gandhi Chowk Raipur Distt. Raipur (C.G.). Smt. Manjnlata Ojha, Aged about 5.1 Yeaxs, W/o Shri Pumshottam Lal Ojha, R/o Innont of Hariom Typing Cenue, Main Road Badabaham, Mahasamund (C.G.). Smt. Meera Shanna, Aged about 36 Years, W/o Shri Shambhulal Shanna, R/o In dent of State Bank of India, Kofma, Distt Shahdolm.P.). 9) 10) o1, 1 4V WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble Mr. T.P.Shaxma, J.) Present:- Shri Y.C. Shanna, Advocate for the petitioner. Shn' Prateek Shanna, Advocate for the respondents No. 4 to 10. None for the respondents No. 1 to 3, notice not return after service. ORAL- ORDER (Passed on 17/08/2011) 1. By this petition under Article 227 of the Consh'tution of India petitioner has challenged the legality and propriety of the oxder dated 13/6] 2011 passed by 6th Civil Judge Class-2, Raipur ( C.G.) in civil suit No. 37-A/09 whereby 6th Civil Judge Class-2, Raipur ( C.G.) has closed opportunity of cross examinau'on of plainu'n's to respondents wimesses. 2. Shri Y.C. Sharma, Advocate for the petitioner and Shri Prateek Shanna, Advocate for the respondents No. 4 to 10 are heard. 3. Order impugned perused. 0n the ground of accident of counsel of the petitioner, exemption for adjournment was prayed~by the petitioner but same has not been allowed by the Court below Without further comments, petition is allowed. Order impugned to the extent of closing the right of cross examination of the petitioner is set—aside. Both the parh'es are directed to remain present for cross examination of witnesses of respondents along with their counsel and witnesses namely Ramesh Chaudhary 8r. Abdul Sattar and for further progress of the case on the next date of hearing hxed by trial Court. 4. Petitioner shall intimate to the counsel for the respondents appearing before the trial Court in writing along With copy of the order-sheet for production of the respondents’ witnesses. In case respondents failed to produce their Witnesses then Court shall grant reasonable time for their production and cross examination. No order as to costs. Certided copy as per rules. Sd/- T.P. Sharma Judge