£:||rtl£BCI 'w. .l-'' IN TME HON'BLE HIGH COURT OF CHHAmSGARH AT BILASPURfC.G.^ W.P. FU.A. 2271 No. ^?s6\ of 2009 PETITIONER/ DEFENDANTNO. 1 -^^ ...•••'••••s^^.---"'" ^^t^y-y- yx^"; ...••:'"" ^""" Bhola Prasad S/o Heeralal Sahu, caste Teli, aged about 35 years, R/o Village Bhatthipara, Bhaiswar, Tahsil Sonhat, Distt. Korea (C.G.) RESPONDENTS/ Plaintiff VERSUS •:1. Defendantno. 2 &3 2. Defendant no.4 Rameshwar S/o Heeralal Sahu, aged about 30 years, caste Teli, R/o Village Bhatthjpara, Bhaiswar, Tahsil Sonhat, Distt. Korea (C.G.) Kaushilya Wd/o Heeralal Sahu, caste Teli, aged about 55 years, R/o Village Bhatthipara, Bhaiswar, Tahsil Sonhat, Distt. Korea (C.G.) Fulkunwar, W/o Radhesyam Sahu, aged about 27 years, R/o Village Katgodi, Tahsil Sonhat, Distt. Korea (C.G.) State of Chhattisgarh Through <$ollector, Korea Baikunthpur (C.G.) WRIT PETITION UNDER ARTICLE 227 OF CONSTITUTION OF INDIA F.HC—78 y tlWRfl SfrHTcb ^^T ^I^KI^ ^Tll^^Ko, ?^<ni^^< ^PC^^ ^o. ^©f^ . 200 ^ ^n^?T '^^' (^i^^r) 3Ti^l^T I^^Jch 'oW l3??^T ^RW 5.B. Hon'bl®Shri Justice N.K, Agohval 1)3-08-2009 ^ay^ ^f^cT 3^i Shri &,N. Prajapati, counsel fo^ Shri P.K. Bhaduri, counsel for t}ie Heard. P, The instant petition is direct^d 1.5-05-2009 passed by Sscond Civil Jn Civii Suit No.73-A/2005 whereby|and |>f the petitioner/respondent No,l f<^r fiie written statement has been rejej ^tatement was closed by the trial Co^rt ^ompietion of 90 days from the s^r j)etitioner, no further timecan be g tontained in Order 8 of CP.C. \ ^, Learned counsel for the pe| )rovision contained in Order 8 Rute II |xnd directory and in suitable ca| Matement can be granted by the Coijrt ^O days, For this, he piaced relio|ice ct)S<4(<n<fl^ 'RTR^lf ^f "fe^ Tf^FglT '^^iRw'^n^T the petitioner. State. against the order dated Tudge, Class-I, Baikunthpur whereunder the prayer granting one more time to :ted and opportunity to file on the ground that after ^rvice of summons on the hanted under the provisions "itioner submits that the of CP.C. are not mandatory ses, time to file written even after compietion of upon the judgment of ^^^^^,,. / :-HC—78 ^sf ^i^l^l^, yTtl-H<l<o, f®l<r)l<H'j,< . t^P (L^-^-)^o.S^/i NIINdls»»^l<*»""""""""""""""""""""""y^^ 200^ 3TT^T<q^Fr ( ^I^<i%T) 3;Tf^T ^5T ftFfN? ^sn ^?^r ^RN5> ^(HW^ft^T'ST^ -^ i4n Hon'ble Supreme Court in case of reported in 2008 SAR (CiviS) 517 4, I have gone carefuily throug^ 5. On 15-05-2009, an applicati4i No. 1 for grant of one more time f| two grounds; firstly, the copy petitioner was not served along witl|i due to illness, the defendant statement. 6, Shri Prajapati learned coun^ that at ieast one more opportunit^ by the Court below eyen upon imp|< He further submits that the petitioner will file the same befor^ date of hearing i.e. 13-08-2009. 7. In view of the dictum of above referred case, the Supreme provision, Order 8 C.P.C. are direc| the fact situation of the case, I am| writUn ^Mid^l'l 'HTR^f ^f^^ T^?R i?3iRR3?I^T ^olba vs. Kashao and Ors.; ^upreme Courl'. the record of the case, was filed by the petitiQner :|>r filing written statement on of plaint served upon the the documents and secondly, befcame unable to file written ^el for the petitioner submits ou9ht to have been granted some reasonable costs. statement is ready and the the Trial Court on the next tmpjosing Hor|'ble the Supreme Court in the fourt has held that under the direcjtory in nature and iooking to jof the opinion, an opportunity 23. Kvr li ^v. ^ '^ ;;^. Ij; ^J ^i^i^r'fe^N imi-31T^^HN> ^s> -3'^ •^I^^R, ^tN^, "f^rray ^ U)^C^^-^) ^^•3^6 / 200 ^ ^^?? "q?^ .('^t^^?) i^TW^t^^nt^ fHe ought to have been granted to Therefore, the impugned order that on payment of Rs.1000/- shGl! aliow the petitioner to ^ 13-08-2009 i.e. on the next da-| Court, If the petitioner files Court on 13-08-2009, the Trial i to decide the case in accordance 8, If the respondents submi' appropriate appiication, 9. Certified copy as per rules| petitioner by the Trial Court. is setaside and it is directed j-owards costs, the Trial Court ile the written statement on 1-e of hearing before the Triai wrifrten statement before the Trial ^ourt shall thereafter, proceed ^/ith law expeditiousiy. any grievance, they may file an ^l^feT^ Wl^f ^ fe^ Tf^?R ^^tf^ 317^1 Sd/- N.K. Agarwal Judge ^fRT^3T?NnK^1Jr?^^^HNTlt^—FS/95—11/2008—1«00,000.