PETITIONER/ HIGH COURT OF CHHAmSGARH AT BILASPUR WRIT PETITION (Art. 227) No. 135 OF 2010 Shri Ram. Janld. Maiidir, Main Road, Korba, fhrough the Man^er Shri Ashok Kumar Jaiswal, S/o Late Shri Ramji Lal Jaiswal, aged about 52 years, Caste Jaiswal, Resident of Korba, Tahsil & District Korba (CG). Versus RBSPONDENT/ DEFENDANT Nuruddiu Bharmal, Occupatiou Shopkeeper, Resident of Opp. Clinic ofDr. B.L. Paadey, Bus Stand, Korba, TahsU & District Korba (CG). WRIT PETITION UNDEa ARTICLE 227 OF THE CONSTITUTION OF (SB :Hon'ble Mr. T.P.Sharma, J.j Present:- Shri B.D. Guru, Advocate for the petitioner. Shri M.K. Baeg, Advocate fpr the respondent ORAL- ORDBR {Passed oa 14/07/2010) 1. By filing this petttion imder Article 227oftheConstitutionof Indiaii petitioner has prayed for suitable direction m tenns of writ of niandajnus. 2, Order impugned dated 19/ 10/2001 passed by First Civfl Judge Class-I, Korba ia civil suit No. 18-A/1997 perused, whereby First Civil Judge Class-I, Korba has closed the right to adduce fhe evidence of fhe plaiatiff. 3. Shri B.D. Guru, Advocate for the petitiouer and Shri M.K. Baeg, Advocate for the respondent are heard. 4. Leamed counsel for the petitioner subnrits that although petitioner has failed to exaiaiae his witnesses aud case is pending siace 1984 but ifopportimily is not provided to plamtiff the irrcparatele loss would be caused to fhe petitioner. ,1 I ^;SS^' -^- 6. 7. Learued counsel for the respondent opposed ftxe petitioner aad subinits fhat Court below has aot conunitted any fllegaUly warrauting any ixiterference ia terms of issuance of any writ aad also submits that coiisideruig the conduct offhe petitioner auy dircction be given to the Court subject to ttie payinent of fhe cost. Order impugned perused. Defiiutely plaiatiff/petitioner has not taken proper precaution aud care to prosecute its case but iii fhe present case parties have not examined the witnesses and proceediag of the Court is stayed siuce 2001. Consuleruig the aforesaid facts this petition is aUowed subject to paym.ent of cost of Rs. 3,000/- to fhe respondent withia 30 days from today. Order iiapugned dated 19/10/2001 is hereby set-aside. Court below shaU provide the petitioner two opporttmities (hearmg) adducuig/examiniag his wituesses aad after providuig reasonable opporturuty of adduciag evidence to fhe respondent decide fhe case own its on iiients. No order as to costs. Sd/- T.P. Sharma