97% HIGH COURT OF CHHAT’I‘ISGARH AT BILASPUR WRIT PETITION t 227) no. 5017/2011 PETITIONER Mehtan'n Bai, Wife of Bisauharam (Plaintiff) Gond, aged about 38 years, resident of Kohadiya, Post Gucheli, Tehsil and District Durg, through her attorney holder Shri Bisauha Ram, son of Shri Samara Ram Thakur, aged about 48 years, resident of Kohadiya Durg (CG). Vs. RESPONDENTS 1. Smt. Richa Devi Jadwani, wife of (Dcfendants) Shri Pawan Kumar Jadwani, aged about 41 yeals, resident of Ahmed Ji Colony, Raipur. 2. Mohan Neele, son of not known, aged about 45 years, resident of Neele Builders, Anandam Niwas, Main Road, Shankar Nagar, Raipur, (CG). 3. P.K. Pathak, son of 85 age not known to petitioner, resident of Infmnt of Ashok Ratna Raipur, 4. State of Chhatu's'garh, through the Collector, Raipur. Smt. Shalim‘ Neele, wife of Shn' Mohan Neele, aged about 40 years, R/o Main Road, Shankar Nagar, Raipur (CG). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon’ble MI. T.P.Sharma, J.) Present:- Shri B.P. Shanna, Advocate for the petitioner. Shrl Surnit Jhanwar, PL, for the State/respondent No. 4 on advance notice. Respondents No. 1, 2, 3 8r 5 not noticed. ORAL- ORDER (Passed on 30/08/201 1) 1. By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 4/7/2011 passed by 3rd Additional District Judge, Raipur (CG) in civil suit No. 5A] O7 whereby right to adduce evidence of the petitioner has been closed. Shri B.P. Shanna, Advocate for the petitioner 8r. Shn' Sumit Jhanwar, P.L. for the State] respondent No. 4 are heard. /&—- 6E 3. Order impugned, copy of order—sheet and copy of other orders perused. Order impugned, copy of other orders and order-sheet xeveal that petitioner is not serious for prosecuting her suit pending since - 2006 but still petitioner had not examined her son i.e. power of - attorney holder. Ed: 5. Learned counsel for the petitioner submits that examination of aforesaid witness namely Bisauha Ram is necessary for disposal of suit who has tiled afhdavit under Order 18(4) of the Civil Procedure Code, 1908. 6. Considerin‘g the pendency and consciousness for early trial of the suit of the Court below, by issuing notice to respondents No. 1, 2, 3 and 5 and observance of procedural law would only be fun‘le exercise. Consequently, petition is allowed and order impugned is hereby set-aside to the extent of closing opportunity of evidence of power of attorney holder of plaintiff subject to payment of cost of Rs. 3,000/— to respondents No. 1, 2, 3 6r, 5 within 10 days from‘ today. Court shall provide one opportunity for examination and cross examination plaintin’s power of attorney holder whose evidence on amdavit under Order 18 (4) of the Civil Procedure Code, 1908 is already on record, in case of any inability of cross examination by respondents then Court is at liberty to provide reasonable opportunity to the respondents and further proceed for trial. No order as to costs. 7. I.A. No. 01 stands disposed of. Sd/- T.P. Sharma Judge (V