HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 296/2009 APPLICANT NQN- APPLICA3STS Rakesh Diwan (Advocate) aged about 42 years, S/o Late Sfari Kukesliwanihar Diwan, R/o Shiv Chowk, Ramsagarpara Ward, Dhamtari Tahsil and Distiict Dhaintari(CG) Versias AshaDiwan W/o Rakesh Diwaii, aged about 28 years Aishwardhar Diwaa aged about 3 years, S/o Shri Rakesh Diwan Vishal Diwan, aged about 4 years, S/6 Shri Rakesh Diwan Respondents No, 2 and 3 are muiors through his mother Smt. Asha Diwan (respondent No. 1.) All resident of Dak Bangla Ward Dhamtari, Tahsil and District Dhamtari (CG) 1 Shri C,R. Saliu, Advocate, for the applicant. Shri P.P. Saliu, Adv< for the non-applicant No. 1. SB: HON»BLESHRI JUSTICE N.K- AGARWAL O RA L OR D E R ( 25' -9-2009) 1. Vide order dated 6-5-2009,passedin W.P. (227) No. 599/2009, this Court granted the appUcant 3 months' time for exaiatamg the witnesses ou his behalf. However, fhe applicant failed to examine Dr. S.K. Chatterjee posted at Christian Hospital, Dhamtari wifSiin the tiine allowed by tliis Court. 2. Shri C.R. Sahu, learned counsel for the applicant submits that although Dr. S.K. Chatterjee was present before the trial Court but he did not bring the Birth Register witti him and, therefore, his statement could not be recorded within fhe tune allowed by fhis Court and prays for a further time of three months for his •examination. ;li 1 ^:. 5) 3. Shri P.P. Sahu, leamed counsel appearing for the respondent No. 1 submits that the applicant was negMgeut iu producing his witnesses and, therefore, tf at all^ ttme is granted, theu heavy cost may be miposed. 4. Having heard leamed counsel for fhe parties and havmg perused the record, I am of the opinion that as a last chance, a further opportunity to examtne Dr. S.K. Chatterjee should be afforded to the applicant subject to payment ofRs. 2,000/- as cost. 5. Therefore, fhe application is allowed. It is directed tliat as a last chance, learned Ist Additional Principa! Judge, Family Court, Raipur (Camp Dhamtari) shall give three inonfhs9 time froia today to the applicaut for adductng evidence of Dr. S.K. Chaterjee on his behalf, subject to payinent of cost of Rs. 2,000/-. Leai'ned Court below sIiaU permit the applicant to serve the summon on Dr. S.k. Chateijee by dasti service. Sd/- N. K. Agarwal Judge