"^, y @ w^ ^^ ^^ HIGH COURT OF CHHAmSK^ARH AT BII.ASPOR WRIT PBTITION N0. 5773 OIP 2008 PBTITIONBR DBFBNDANT VBRSU8 RBSPONDBirT PLAINTIFP Ashok Sehgal, S/o Sitaiam Sehgal, R/o Janta Quarter, EWS-159, Devendra Nagar, Sector-3, Raipur District Raipur (C.G.). The Bilaspur -Raipur Ksfaetrtya Gramia Bank, a coporation constituted uader fhe Kshetriya GiammBank Act, 1976 (21 of 1976) head office-Dayalbaiidh, Bile^pur, Branch OflSce, at village Tilda, Braach, TehsU Tflda, Dtetdct Raipur (C.G.). WmT PBTITION XmDBR ART1CLB 227 OP THB COII»TIT<mON 0V IHDIA. (SB :Hon»MeM».T.P.Sliarma, J.) Present:- 8hri Shivendu Pandya, Advocate for the petitioner. Shri Ra^ivendra Verma, Advocate for the respondent. ORAL-ORDBR (Passedon 13/07/2011) 1. By thte pefition under Article 227 of the Coastlttitioxi of India petitioaer has chaHenged the legality and propriely ofthe order dated 30/8/2005 ps®sedby Vth Civil Judge Class -1, Ralpur (C.G.) m Civil Suit No. 1B/2004 whereby nght of adducin^g evidence ofpresent petitioner/defendant has beea closed by g~?^>" fhe Court below on the ground that ampte opportunily has been provided to fhe petiUoiier, 2. Leamed coiinsel for fhe pardes are heaid. 3. Learaed counsel for the petitioner frankty admitted fhat petitioner lias not taken proper precaution ui adduciag evidence but Court betow haa closed Ifae opportimily of adduciag his evidence aiid defexid fhe ca»e aad has passcd harsh order. 4, On fhe ofher haad, leamed counsel for the respondeaat opposed tfae petitfoix aiid submits fhat Court below has provided comptete opportiaxiity to adduce the evidence to petitioner and court below has qulte liberal but petitioner has misused the opportunily ofleniency given by the Court below. \ —^ — ^ 5. Petition and order iiapugncd perused, alfhough petitioaer was iiot serious prosecuting his case but Court below ha®closed his right to defertd fhe case by closing the opportunily of adducing evidence, In these circiimstsmces, rcasonable opportumty of adduciag evidence would be just aad pioper, Consequentiy, petition is aflowed. Order dated 30/8/2005 passed by Vth CivU Judge Class -1, Raipur (C.G.) in Civil Suit No. 1B/2004 is hercby quashed subject to payment of cost of Rs. 3fl00/- to respondeiit wiffcdm 15 days from today before fhe tdal Court^ failmg which fhe onier dated 30/8/2005 passed by Vfh Civfl Judge Class -1, Raipiar (C.G.) shall automaticaUy staad restored, Case is remitted back to tfae Court ofVtfa CivU Judge Class -1, Raipur (C.G,) for providmg two opportiiaities wifhia the interval of 1 month for adducing evidenoe to ttie petitiioner aad to decide fhe case in accoidaiice with law. It is made cfear that in case offeflure to pxKiuce evidence on behalf of the petitioner on any ground includmg non-service of summons to fhe witaesses, Court below is not obl^ed to adjoum fhe ease. Pardes are directed to present beforc tihe trial Court on 8/8/2011 for ftirther progress offhe case. No oxder as to costs. Sd/- T.P. Sharma Judge -^-