HIGH COURT OF CHHATTISGH AT BILASPUR Mr. Justice Pritinker Diwaker) 1TION (227) No. 5452 of 2008 about 30 years, By caste - Occupation - Agriculturist, R/o Jajang, Tahsil - Saktj, District: Janjgir-Champa (C.G.) iT; 2. BAI W/o Laadu, 60 years, R/o viliage - Dwari, Tahsil — Korba, District: Korba (C.G.) At present R/o Jajang, Tahsil - Sakti, District Janjgir-Champa (C.G.) The State of Chhattisgarh, Through : District Magistrate, Disfrict Janjgir- Champa (C.G.j Mr. Qurudeo !. Sharan, counel for the petitioner. Mr. Anand Kesharwani, counsel for respondent No.1. iV!r. Vaibhav Goverdhan, PL for respondent No.2/State. WRiT PETiTiON UNDER ARTICLE227 OF THE CONSTITUTION OF INDIA QRDER $03.04.2009) Chailenge in this writ petition is to the order dated 19.06.2008 passed by Civil Judge, Class i Shakti in Civil Suit No.25-A/2006 whereby the right of the piaintiff to lead evidence has been ciosed. 2) Coune! for the petitioner fairiy concedes that the piaintiff has taken .^. . • . • . ' . time thrice to lead evidence but he faiied to do so. He however submits that it would be in the Sarger interest of the justice if iast opportunity is given to her for leading evidence. 3) On ihe other hand counsel for ths respondent No.1 vehemently opposes the petition and submits that the impugned order is strictiy in accord^nce with law and does not suffer from any illegality. According to him plaintiff sh'ould have been vigitant in adducing the evidence and should not have taken it casuaiiy. ,,<tSBaa; -2-- 4) Heard rivai submissions of counsel for the parties. 5) ln my view it would be in the interest of justice if the plaintiff is allowed one more opportunity So iead the evidence. Accordingiy he is directed to file an afRdavit under Order 18 Rule 4 of the code of Civil Procedure before the next date of hearing and on this being done the court belowwiil grant an opportunity to the defendant for cross examining the witnesses of the piaintiffs. The suit is said to be pending sSnce 2006. Learned court betow is directed to dispose of the suit as eariy as possible preferably within a period of six months from thedate of receipt of copy of fhis order. The petltioner would be under obligation to suppiy a copy of this order to the court beiow before the next date of hearing. !t is expected that the parties Would co-operate the court concerned foreariy disposai of the suit. 6) With the aforesaid observations and direction the petition is disposed of. 7) The plaintiff would paycostofRs.lOOOtothedefendantinthecourt below. ;-' ,Sd/- . 1: Pi-itiriker Diwakar /"'^'': :.Judge ::—-• jy '-'ITTI:5i3IICW