'SSS3^S% KKWES\ -f IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) W.P. (227)N0. ^/^ /2010(S.B.) PETITIONERS PLAINTIFFS ^y. ^".-r^" / ^^y ^y \^- .' {^f-\ \.-' ^\)^^-' ' • • "t. V .,* ^SF RESOPNDENTS DEFENDANTS ....^"'—sr-*..^ ^':^^^~'\: ^^-<^^ /^. ..^m. S?f f.y Vwi 1. Moti S/oSadhuAhir Aged about 65 year R/0 Village - Khadgawan-Kala Tah.- Pratappur Distt.- Surguja (C.G.) 2. Smt. Kolai D/0 Sadhu Ahir Aged about 60 year R/0 Village - Basmutta Tah.- Pratappur Distt. Surguja (C.G.) 3. Smt. Budhani D/0 Sadhu Ahir Aged about 55 year R/0 Village - Kulhadi Tah.- Ambikapur Distt._ Surguja (C.G.) VERSUS 1 Moharlal S/0 Nanku Caste- Ahir Aged about 38 Year Siyaram S/0 Nanku Caste- Ahir Aged about 35 Year Both Of Resident Village - Khadgawan-Kala Tah.- Pratappur Distt._Surguj'a(C.G.) The State of Chhattisgarh Through:- Collector Surguja, WRIT PETITION UNDER ARTICLE 227 OF THE CONSTiTUTiON OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (227) No. 617 of2010 PETITIONERS RESPONDENTS Moti & others Versus Moharial & Others WRIT PETmON UNDER ARTICLE 227 OF THE CONSTmmQN_QFIND!A tSB: Hon'ble Mr. N.K. Asarwal, J.) Present : Shri Sunil Tripathi, Advocate for the petitioaers. None for respondentNo. 1 & 2 though sen'ed. Shri Sanjeev Agrawal, Panel Lawyer for the State. ORAL ORDER (Passed on 07.01.2011) 1, The instant petition is directed against the order dated 15.12.2009, passed by the Civil Judge, Class II, Wadrafaagar, in Civil Siiit No. 15-A/05, whereby and whereunder the petitioners/plaintifFs opportunity to lead evidence was closed. 2. On 15.12.2009 the petitioners/plaintiffs sought adjourament on the ground that some family member of counsel for the petitioners has died and due to above reason the plaintifFs could not bring their witnesses before the court. The trial court rejected the above prayer on the ground that eariier also several opportunities were given to the petitioners but the petitioners failed to keep present their witnesses for examination and on 24.11.2008 last opportunity was given on payment ofa sum of Rs. 500/- as costs and even then the petitioners did not brought their witnesses. '"»>w Sahu 4. Shri Tripathi, leamed counsel appearing for the petitioners would contend that the petitioners could not bring their witnesses due to death of family member of his counsel and the reason ^vas genuine. He would further contend that one opportunity should be given to the petitioners/plaintiffs to produce their witnesses in order to save them from manifest injustice. 5. Having heard the counsel appearing for the petitioners and having perused the order impugned, this court is of the opinion that the court below ought to have given an opportunity to the petitioners to lead their evidence which was necessary in the interest ofjustice. 6. In view ofabove, the petition deserves to be and is hereby allowed. 7. The impugned order dated 15.12.2009, passed by the Civil Judge, Class II, Wadrafaagar is hereby set aside and the petitioners/plaintiffs are permitted to lead their evidences on the next date ofhearing which shall be fixed by the trial court within a period of45 days from today subject to payment ofa sum ofRs. 1000/- as costs payable to the respondents. 8. The petitioners shall produce a copy of this order before the trial court within a period oftwo weeks and the trial court thereafter shall grant 30 days to the petitioners for adducing evidence. In case, evidence is not complete due to no faidt on ihe part of the petitioners, the trial court shall record evidence on day to day basis and shall decide the matter on its own merits in accordance with law. Sd/- N.K. Agrawal Judge