HIGH COURT OF CHHATTISGARH BILKSPUR- ‘Writ Petition (227) No.61s1 of 2009 ,6 O G.R. Naik, aged about 48 years; S/o J.R. Naik, Caste Bhil, R/o Kunjara, ahsil Lailunga, Dis.tt. Raigarhv(C.G.) T 1. Versus ETITIONERk Piaintirf) RESPONDE (Dgfendants) Smt. Janki Bai, Wd/o Late Mehatru Ram Gond, aged about 58 years, R/o Wlage Ameri, (C.G.) Tahsi! Takhatpur, Distt. Bilaspur _ Smt, Phool Bai, Wd/o Late Ghasi‘ra‘m‘‘ Gond, aged about 60 years, R/o Village Ameri, (C.G.) Tahsii Takhatpur, Distt‘. Bilaspur- 'Naib Tahsildar Sakri, Up~Tahsif Sakri Tahsi! Takhatpur, Distt. Bilaspur (C.G.) tafe of .Chhattisgarh, throughVCoHector, ilaspur, Distt. Biiaspur (C.G.) Pinkig‘bfo Shankar La! Bh'n, aged about 35 years, R/o Priyadarshni Nagar, Bilaspur, Distt. Bilaspur (C.G.) Aagar Bai, .Wd/dG'hasiram Ports, Caste Gond, aged about 88years, R/o Village Ameri, Tahsil Takhatpur, Distt, Bilaspur (C.G.) - a 227 of the Constitution of lndia} ‘ V {Writ petition under Article Present: ‘ Mr. Ratnesh Kumar Agrawal, counsel for the petitiorter. Mr. Amlt Sharma, counsel 'for respondents No.1, 2 &, 6. Mr. Rakesh Kumar. _respondentsLNo.3 & 4. x . Jha, Deputy Govt. Advocatefor the State! Advocate, None has present filed power tor-respondent on behalf of respondent No.5 t‘houghv No.5. Mr.‘Anup Majumclar, . .. —... Single Bench: Hon’ble Mr. T.P. Sharma, Ji ‘ RAL ORDER (27-12010), pplication for exem l have perused l.A.No.3, a order dated 24-6—2010. . Considering the fact that Mr. Anup Majumdar, dvocate has filed power on behalf of respondent No.5, l.A.No'V.3 is'altowed and the petitioer i exempted form complying with the order dated 24—6—2010 ption from compliance of th \ P ( NTs/: f , S B ‘ " O . e A n s . M . i have also perused the order dated '16—9—2009 passed by the 8‘“ Additional District Judge (FTC) Bilagpur in Misc Civil Appeal No 18/2009 whereby learned Addltuonal District Judge has dlsmlssed the appeal fled on behalf ofthe petitioner against the order dated 11 12—2008 passed by the 2"d CIVII Judge Class-I Bllaspur In M J C No 31/2008 by which learned Crvrl Judge Class-I has dlsmlssed the petrtlon for restoration of CM! SUIt No 416 Al2005 dlsmlssed for want of prosecution Vlde order dated 8-9 2008 The civil suit was dismissed on the ground that power of attorney holder has failed‘to produce plaintiff ,G.R. Naik‘and there was no sufficient cause for non-appearance of the plaintiff. Order of dismissal of the Civil ‘suit was challenged before the appellate forum and the appellate forum has ‘ dismissed the appeal on the ground'that the petitioner herein has not shown any sufficient cause for his absence'and alsofailed to implead the“ other legal representatives of deceased Ghasiram. Application for , restoration of civil suit was filed by th‘et'petitioner within the stipulated time ,but the application was dismissed substantially on the ground that. the power of attorney of the plaintiff was not In a posmon to produce the plaintiff/ petitioner herein probably on account of his death . Counsel for the parties admit that the petitioner herein is alive and the petitioner himself has filed the aforesaid application. 'At the time of restoration of suit dismissed for want of prosecution the a Court is required to adopt liberal approach to prowde the parties an opportunity of hearing and deCIde the case on its own merits But the order dated 11 12 2008 reveals that no such opportunity has been prowded to the petitioner Learned appellate Court has also taken the ame View. Both the orders Viz., order dated 11 12 2008 & order dated ‘ 16-9-2009’are not sustainable under the law. . onsequently, the petition is allowed. Both the orders impugned are l , hereby Set aside. Civil Suit No.416.—A/2005 dismissed'vide order dated 8- .9-2008 by the 2nd Civil Judge Class—i, Biiaspur ts hereby restored to its original number subject to payment=ofcost of Rs.300/- to respondents“ o 1 2 & 6 within thirty days from today Parties are directed to present before the Court below on 6-9-2010 for further progress of the CIVII suit o order as to costs Sd/- ‘I.P Shanna x Judge , ‘ ’, n . . s C ‘N ' N