cj-^a BEFORE THE HON'BLEHIGH COURT OFCHHATTISGARH AT BILASPUR (C.G.) WRITPETITION (227)N0. / 2010 PETITIONER / . -vv^^ •••• 9^.»M.T^0--" ^^^^" Aa^0"'" Board of Education, Church of North India Through: jts Secretary, Ladlie Metthew, S/o. late D. Metthew, aged about 55 years, Christ Church Boys' Senior Secondary School Campus, North Civil Lines, Jabalpur, M.P. RESPONDENTS VERSUS 1. Smt. A. Nath W/o.Shri A.K. Nath, aged about 61 years, R/o. Mandir Chowk, Jarhabhatha, Raipur Road, Tahsil and District-Bilaspur (C.G.) 2. Chhattisgarh Diocese Board of Education, C.N.I. Opposite Raj Bhawan Gate-1, Raipur (C.G.), Through: Secretary. WRIT PETITION UNDER ARTICLES 227 OF THE CONSITUTION QFJNDiA ^sa" /^^ fflGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra PETITIONER Writ Petition (227) No. 6860/2010 : Board of Education, Church of North India Through: its Secretary, LadUe Metthew. RESPONDENTS Versus Sint. A. Nath and another Appearance: Shri Saurabh Dangi, counsel for the petitioner. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORAL ORDER (29.11.2010) Only prayer in this writ petition is for issuance ofa direction to the trial court to take up the petitioner/plaintiffs application under Order 39 Rule 1 and 2 ofCPC for disposal. (2) Petitioner''s suit is pending since 13 July, 2010. From the order sheet ofthe trial court filed in this petition as Annexure P-1, it would appear that on objection by the defendant the petitioner was directed to implead a porty whose presence is necessary in the suit. It does not appear from the document annexed with the writ petition that the petitioner ever made any prayer before the trial court for early disposal ofthe application under Order 39 Rule 1 and 2. (3) In view of the above, this petition is disposed of with observation that if the petitioner so desires, he may move an ^ application beforethe trial court for early disposal ofhis application ^ '::i.- l^.v\ m 1 2-- under Order 39 Rule 1 and 2 of CPC and needless to say if such an application is moved, the trial court shall deal with the prayer in accordance with law keeping in view the facts and circumstances of the case. (4) With the above observation, the petition is disposed of. Sd/- Prashant Kumar Mishra Judge