@ HIGH COURT OF CHHATTESGARH: BILASPUR S!NGLE BENCH : HON’BLE SHRI JAGD!SH BHALLA, Ag. CJ WP. (c) No.571 4 of 2°07 PETITIONER Khem Chand Jain Hainti§f Sfo Late Surajma! Aged about 65 years R/o Dhamtari. Tahsi! & Distt. Dhamtari (CG) VERSU$ RE$PONDENTS 1. Gendmal Jain This petition is directed against the order dated 17—08-2007 whereby the petitioner’s appiioation under Order / Rule 14(3) of Code of Civii Procedure has been rejected. Defendants Aged about 69 years, 8/0 Late Hansraj Jain 2. Bhikham Chand Jain Aged about 75 years, S/o Late Meghraj Jain Both Rio Baniyapara, Dhamtari Tahsii & Distt, Dhamtari (CG) 3. Parmanano' S/o Videshi Ram Sahu, aged 35 years, Oocupation — Agricuiturai, R/o Badgaon, Tahsii Daundilohara, Distt. Durg (CG) Tikamram S/o Johan Haiba (Thakur), 55 years, Occupation — Agricuitural, 5. Santram Slo Johan Haiba. Aged about 30 years, Occupation — Agricuituiai, Both Rlo Viliage Badgaon, Tahsil Daundiiohara, Distt. Durg (CG) 6, State of Chhattisgarh Thtough ihe Coilecior, Durg (CG) Petition under Artioie 227' of the Constitution of india Present: Shri BL. Dembra, counsei forthe petitioner, ORAL ORDER (Passed on 2&5 September, 200?) Learned counsel for the petitioner submits that the Court below has rejected the aforesaid application on the ground that the affidavit has not been flied in support of the same. Learned counsel for the petitioner could not substantiate that amdavit is not required in support of the application. However, l find that the Court below has passed the speaking order indicating therein that the petitioner has failed to indicate in his application that why he had not med the document when the same was received by him before the evidence was closed. it was further open for the petitioner to obtain certified copy of the order and file the same, i find that the Court below has passed a speaking and reasoned order in accordance with law. Accordingly, no interference is warranted under Article 227 of the Constitution of indla and the i writ petition is dismissed Sdl- Jagdish Bhalla Ag. Chief Justice