IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.p. (Art, 227) No. Quwe /2o1o / K Ms. Om Sai Industries, through its Proprietor Smt. Padmini Chandrawanshi, W/O Ajay Chandravanshi,aged about 53 ye’ars,‘ resident of Chandra Niketa PETITIONER Resran dark i 2140'” n Bhawan, Behind Bunkar Society, Aamapara, Raipur (C.G.) VERSUS / M/s Ludhiana Ash Bricks Machinery, through its Proprietor Amar Singh S/o late 2745 i0 Sher Singh, Plot No.09, By-pass Road, T.P. Nagar, Korba, Tah and Dist. Korba (C.G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA RESPONDENT Pe H H one: HIGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon’ble Shri Prashant Kumar Mishra Writ Petition (227) No. 6445/2010 PETITIONER : Ms. Om sai Industries Versus RESPONDENT : M/s Ludhiana Ash Bricks Machinery Appearance: 2 Shri Sunil Otwani and Shri Sushobhit Singh, counsel for the petitioner. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA ORAL ORDER (11.11.2010) Petitioner’s application under section 10 of CPC has been rejected by the trial court. (2) It has been observed by the trial court thatvthe petitioner who is defendant in the present suit med before the court at Korba has not placed on record copy of the plaint, order sheet, written statement of the plaintid‘ in the Korba Suit who is the defendant in the Raipur Suit and the complete order sheet ofthe Raipur Suit, therefore it cannot be ascertained as to whether the nature of dispute/issues in both the suits are similar so as to attract the provisions contained in section 10 of \ CPC. The trial court has also observed that for want of the necessary l- - documents the application cannot be entertained at this stage. f (3) In view of the observation made by the learned District Judge, *this writ petition is disposed of with an observation that the x petitioner, if he so desires, may prefer an application under section 10 of CPC afreéh after bringing on record all the documents referred in the impugned order passed by the District Judge with regard to th suit pending at Raipur. If such an application is filed, the court below shall decide the same in accordance with law without being influenced by the impugned order. The petitioner may make a request before the court below for early disposal of the application under section 10 of CPC. (4) With this observation, the instant petition is disposed of. Sdl- Prashant Kumar Mishra Judge 'f y i e /