High CourtsSingle Bench(2018) 09 CHH CK 0349

Asha Relwani And Ors vs Pancho Bai And Ors

Chhattisgarh High Court · Decided on 24 September 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Disposed Of
CASE NUMBER
W.P.(227) No. 816 Of 2018

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Judgment

13 paragraphs · 202 words

Sanjay K. Agrawal, J

1.

By the impugned order dated 23.07.2018 (Annexure - P/4), the application filed by the petitioners / plaintiffs under Order 17 Rule 1 of CPC has

been rejected and plaintiffs' opportunity to lead evidence has been closed by the trial Court. Questioning that order this writ petition has been

preferred.

2.

Learned counsel for the petitioners / plaintiffs submits that on 23.07.2018 the plaintiffs' witness Ramesh Kumar could not appear before the trial

Court as his sister fell ill therefore, an opportunity be granted to lead plaintiffs witness Ramesh Kumar.

3.

I have heard learned counsel for the petitioners.

4.

Taking into consideration the reasons assigned by the plaintiffs and that his opportunity to lead evidence is closed, this Court is of the considered

opinion to grant one more opportunity to the plaintiffs to lead evidence subject to payment of cost of Rs. 2000/- to the defendant No. 1 payable on the

next date of hearing. The plaintiffs will keep their witness Ramesh Kumar present tomorrow and he will be examined and cross-examine tomorrow

and no further adjournment shall be granted.

5.

With the aforesaid observation, the writ petition stands finally disposed of. No cost(s).

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