l. Brijmohan Dua, aged about 50 years, s/o Sita ram Dua, r/o Gondpara, Post Office: Golebazar, Bilaspur, Tehsil & District: Bilaggsur (C.G.) Kg . Smt . Chandrakali c $mgka i-Eamih ® NQ‘V/ @ LQf , IN THE HIGH COURT OF JUDICATURE AT BILASPUR W P NO Ilsjof 2005 BETWEEN Bai, aged about 45 years, w/o Prakash r/o Jahrabhata, Tehsil & Dlgtrlct Bilaspurm G ) PETITIONERS AND Indian Church Council of the Disciple of Christ Society, through its Executive Secretary, Address: Civil Lane, Jahrabhata, Bilaspur (C.G ) RESPONDENT WRIT §ETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA .‘1 p ~ inw— § I XI—HC-zz 3W W E«5F Kk5i.% Wm m W mm WW @W W m mmmw Q;W H mm 05—o4_2005 ‘ 1 Shri Shailendm soni, couns‘e! fér fhe pe+i+ianers. Heard. 2. The instant pefi‘rion is preferred agains? The order dated 1-4-2004 passed by fhe Third Ci'vil Judge, Class-I, Bilnspur, in civil sui'r No.12-A/2002 whereb‘ The apelication under Sec‘rion 151 of fine Code of Civil Proce ure’for adjournmen‘i of cross- examinm‘ion of wiTness was rejec ed by the Court. 3. 7 Briefly stated the facts f the case are that the suit in which this order has been pas d was instituted about twenty The remaine pending on one count or other. v4 i years back. The matter ' It is oniy after coming into forhe the amendments made in the ¥ . i Code of Civii Procedure the hearing could be expedited. The i affidavits were filed. Copies ofi those affidavits were supplied. \\\ : ” ”m [new XI‘HC—22 - fixed Le. 1—4-2004. 0n mm da filed an .applicq‘rio'n under Orde Procedure before The Cour1' andl'l’he same was decided. 4L The ma‘Her was heard in‘ p.m. ‘H'Ie Cour+ below has adjm irned ihe ma‘Her for second half (2.30 P.m.) and even Permi'r‘re fhe counsel 1’o 9o +hrou9h 1he record and get The file also. 5. The applica‘l'ion was filed under Order 1 Rulel3(1) and Rule ‘10 Read warh’ section 151 of joining Sfa'fe of Chhoffisgarh or id Meera Devi, W/o Indal, Age 5O year-s, Residem' of Jarhabha'rc The Cour? heard 1'he argumeni 's on +his applica‘l'ion and holding 'rhu‘r The plaintiff is dominus iiiid}, l _l y, in fhe firs? half fhe pe'ri'rioners r 13 Rule 10 of fhe Code of Civil .‘lhe firs? half and of abou'r 1.15 i‘rhe Code of Civil Procedure for , Bilaspur, as necessary par‘ries. rejected The same. oppar‘runify for cross-examinaiion, Ha: counsel shows his inabili‘iy for cross-examina'rion. Learn ‘7. Adjournment canno'r b gramed merely by asking. The ma'H'ers which are pending si ce long and more fhan 10 +0 20 years have passed, They are T 1'his High Courf also from lime 1'0 lime issued directions ‘l’o file ,Presiding Officers 'ro Take care of such maTTers. d counsel far The pefmoners con+ended Thaf opporfunify sh uld have been gmn‘red. be decided on priorify bosis and 8. Order XVH Rule 1 of reievanf and quo‘l'ed below : "1. Court may hearing—(1) The cause is shown, granT Time To The i . ,wm,m,,mwiqw_n The Code of Civil Procedure is 1 . a i i E Cour-T may, if sufficienT arTies or To any of Them, ir any sTage of The suiT, and may from nine To Time adjourn The W13W from Time and adjourn XI'H . c.22 WW, m,W meg? W be? ILSQ a? Wm W m m mmmm ,1/ W aag§§f§ “W“ 6. AfTer deciding all These appli'caTions, The CourT granTed an “Jamr have faken place in fhe proceedings 10. A bare perusal of ‘l’he orde! defence counsel prayed for adu'ournmen‘l for adducing the evidence. Opportunify has been grqrl'ed‘ 11. Having considered fhe fofal facfs and circums‘l'anoes of 1’he case and The ma'rerial available on record, in The opinion of this Courf, no case has been jurisdicfion under Article 227 01 However, i1- is open +0 'rhe pe'l'i‘l'ioners 1'0 raise ‘rhe grounds in an * appeal in case such an even'luali'l'y ar on Thaf dale Le. 1-4-2004. l l Hz/zaoo—sopoo. l l l l l l l ises. ', i'l' reveals lha'l' fhe learned made ou‘l' for exercise of i The Consfi'rufion of India. e us? \LEC3 ‘15 W 20$ eWWQEf‘fgww) WWW wmm WWWW Al” mmiifgql emmfm hearing of fhe suif for reasons ‘l'o be recorded in wri‘l'ing: Provided Hm‘l' no such adjournmen‘l' shall be granfed more 'l'han ‘lhre‘e fimes ‘l'o a parfy during hearing of The sms." 9. The Cour-1' below has amply described +he even‘l's which Gowr'i disposed of. Sd/— Fakhruddin Judge ' WM WMK WE 200 ‘m;W (W) W WW m W ma? W / WWW Wm €wmaa%a&&w ’»37 é; 317W W E 12. Wi'rh fhe aforesaid cbserva‘rions The peTi'rion s‘rands