^ HIGH COURT OF CHHATTISGARH AT BILASPUR ^ W.P.(227l No. 6540 Of 2011 PETITIONERS PLAINTIFFS VERSUS RESPONDENTS DEFENDANTS 1. Genda Lal Shrivastava, S/o Late Heera Lal Shrivastva, aged about 67 years, R/o Sapeep Jashpur Road near Barrier Patthalgaon, Tahsil Patthalgaon, District Jashpur (C.G.). 2. Smt. Saraswati Shrivastava, W/o Genda Lal Shrivastava, aged about 58 years, R/o Sapeep Jashpur Road near Barrier Patthalgaon, Tahsil Patthalgaon, District Jashpur (C.G.). Bhushan Agrawal, S/o Kishan Agrawal, aged about 46 years. Anup Agrawal, S/o Kishan Agrawal, aged about 38 years, Both are occupation business, R/o Bazarpara Patthalgaon, Distt. Jashpur (C.G.). Ratthu Ram Mouwar, S/o Harihar Singh Maitri, (dead) (a) Sadanand, S/o Ratthu Ram. (b) Bimla, D/o Ratthu Ram. (c ) Kamla D/o Ratthu Ram (d) Uma Bai, D/o Ratthu Ram. (e) Hem Kunwar, D/o Ratthu Ram. Respondent No. 3(a) to (e) are resident of Bilaitangar, Patthalgaon, Distt. Jashpur (C.G.). Uma Bai, D/o Ratthu Ram, R/o Bilaitangar, Distt. Jashpur. State of Chhattisgarh, Through The Collector, Jashpur Nagar (C.G.). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Mr. H.B. Agrawal, Sr. Advocate with Ms. Meera Jaiswal, Advocate for the petitioners. Ms. Sangeeta IVtishra, P.L. for the State/respondent No. 5. Respondents No. 1 to 4 not noticed. ORDER (Passedon 08/11/2011) By this petition under Article 227 of the Constitution of India petitioners have challenged the legality and propriety of the order dated 22/9/2011 passed by Civil Judge Class-2, Patthalgaon District Jashpur (C.G.), in civil suit No. 95-A/2006 whereby -'—-^i I application for adjournment on the ground of accident of plaintiffs/petitioners has been dismissed. 2. Mr. H.B. Agrawal, 8r. Advocate with Ms. Meera Jaiswal, Advocate for the petitioners & Ms. Sangeeta Mishra, P.L. for the State/respondent No. 5 are heard. 3. Order impugned perused. 4. By filing application petitioners have prayed for adjournment on the ground of their inability on the ground of motor accident but in absence of medical certificate and the fact that last chance has already been given Court below has disniissed the application. 5. Learned counsel for the petitioners submits that petitioners have not examined any of their witnesses and defendants No. 1 to 4 has filed counter claim and if plaintiffs would not be permitted to examine their witnesses then after closing of evidence of defendants to prove their counter case they would require to provide opportunity of adducing evidence and same would be causing delay in trial therefore reasonable opportunity would be necessary, 6. By the order impugned Court below has closed the evidence of plaintiffs to prove allegation made in plaint but has not closed the evidence of plaintiffs i.e. opposed party of counter claim to rebut the allegation made in counter claim therefore plaintiffs/petitioners are still entitled to adduce evidence in rebuttal but same would cause unnecessary delay in trial. Considering the inability of petitioners on account of accident trial Court was under obligation to provide an opportunity of adducing evidence. Court are also required to remember that if something is not within their control then it should not be reHected in the order, iflast chance for any proceeding was not in the control of trial Court or cannot be in the control of any person within righting last chance is only a ^ ^^SI^^^s:' ,^^^1 1 ->3- ^"?a, 7. superfluous words and order. Issuance ofnotice to respondents No. 1 to 4 and observance of procedural law in the present case would only be futile exercise. Consequently, petition is allowed subject to payment of cost of Rs. 3,000/- to the respondents No. 1 to 4 within 15 days before the trial Court. If cost is paid within stipulated time then Court shall provide two opportunities adducing evidence to the petitioners within 45 days from today i.e. plaintiffs are required to close their evidence within 45 days from today and thereafter decide the case in accordance with law. No order as to costs. I.A. No. 01 stands disposed of. Certified copy as per rules. : Sd/- T.P. Sharma Judge d ^/ p