V 73 HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR Sinale Bench: - Hon'ble Shri S.R. NAYAK, CJ WRIT PETJTIQN N0. 5741 OF 200S PETiTIONER Jawarial Sharma, S/o Gokul Prasad Sharma, Retired Supenntendent of Municipal Corporation, R/o Lili Chowk, Near Bihari Mandir, Raipur (C.G.). RESPONDENTS Versus 1. Shyam Lal Yadu, S/o Late itwari Yadu, Assistant Superintendent, Raipur Municipa! Corporation, R/o Tikrapara, Raipur (C.G.). 2. Municipal Corporation, Raipur, Through Commissioner, Municipal Corporation, Raipur (C.G.). 3. State of Chhattisgarh, Through Collector, Raipur (C.G.). Present: Mr. Ratan Pusty, learned counsel for the petitioner. Mr. Parag Kotecha, learned Panel Lawyer for the State. ORDER (Passed on 29 n November 2005) The appfication fiied by the petitioner under Order XIII Ruie 10 of the Code of Civil Procedure has been rejected by iearned trial Judge. it was contended that the triaj Judge ought to have gtven an opportunity to file an affidavit required to be appended to the application in terms of sub rule (2) of Rule 10 of Order XIII. There is nothing to shcw that such s request was made before learned trial Judge, before the impugned order was passed. ^ - z,- Subbu 2. A careful perusal of the provisions of sub rule (2) of Rule 10 of ,» Order XIII would disclose that the requirement of filing of affidavit is mandatory. No exception can be taken to the order of leamed trial Judge. Th©writ petition is, therefore, dismissed, however with no order as to costs. Sd/-, Chief Justice \