NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 70 of 2024

1. Ishwarlal Patanwar Father Late Shri Kalnath Palmwar Deceased Aged About 67 Years, Niwati – Village Uslapur, P.O. Dhaniya, Tehsil-Masturi, District Bilaspur. (Since Dead)

Through Legal Hires -

i) - Mrs. Sharda Devi Patanwar W/o Late Mr. Ishwar Lal Patanwar Aged About 69 Years R/o D.5 Kalpuri Awat Colony, Phase-2 Rajkishore Nagar Tehsil And District Bilaspur, Chhattisgarh.

ii) - Arun Kumar Patanwar S/o Late Ishwarlal Patanwar (Father) Aged About 45 Years R/o D.5 Kalpuri Awat Colony, Phase-2 Rajkishore Nagar Tehsil And District Bilaspur, Chhattisgarh.

iii) - Mrs. Swadha Patanwar D/o Late Ishwarlal Patanwar (Father) Aged About 40 Years R/o D.5 Kalpuri Awat Colony, Phase-2 Rajkishore Nagar Tehsil And District Bilaspur, Chhattisgarh.

iv) - Kamal Kishore Patanwar S/o Late Ishwarlal Patanwar Aged About 35 Years R/o D.5 Kalpuri Awat Colony, Phase-2 Rajkishore Nagar Tehsil And District Bilaspur, Chhattisgarh.

---- Petitioners Versus

1. Shri Basant Das S/o Late Sukhsagardas, Aged About 40 Years (Since Dead)

Through Legal Hires:

(I) - Mrs. Santoshni W/o Late Shri Basant Das (Husband) Aged About 40 Years R/o Village Hardidih Gram Panchayat Hindadih P.O. Gudi Via Jairamnagar Subtehsil Sipat Nahteel Masturi District Bilaspur.

(II) - Sanju S/o Late Shri Basant Das Aged About 20 Years R/o Village Hardidih Gram Panchayat Hindadih P.O. Gudi Via Jairamnagar Subtehsil Sipat Nahteel Masturi District Bilaspur.

2. Vishramdas Atmaj Late Peeladas Panika Aged About 65 Years (Since Dead)

Through Legal Hires:

i) - Sonia D/o Late Mr. Basant Das Aged About 17 Years Village Hardidih, Gram Panchayat Hindadih Tehsil Masturi, District-

Bilaspur(C.G.)

ii) - Ashish S/o Late Shri Basant Das Aged About 15 Years Village Hardidih, Gram Panchayat Hindadih Tehsil Masturi, District-Bilaspur(C.G.)

iii) - Muniya D/o Late Shri Basant Das (Father) Aged About 12 Years Village Hardidih, Gram Panchayat Hindadih Tehsil Masturi, District Bilaspur(C.G.)

3. State Of Chhattisgarh Through Collector, Bilaspur, Chhattisgarh.

---- Respondents For Petitioners : Mr. Mohit Kumar, Advocate For State : Mr. R.C.S. Deo, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

06.02.2024

1. The petitioners have preferred the present writ petition under Article 227 of the Constitution of India challenging the order dated 11.08.2023 passed by the learned 5^th Civil Judge, Class II, Bilaspur (C.G.) in Civil Suit No. 570-A/2016 by which the application filed by the petitioner under Order 18 Rule 4 of the C.P.C. for examining the additional witnesses has been rejected on the count that the witnesses who are required to be examined were not included in the list and by allowing the new witnesses to be examined that will adversely affect the defence of the defendant. The reason which has also been shown in the application is not justifiable.

2. Learned counsel for the petitioners would submit that the learned trial Court has adopted hyper-technical view in rejecting the application and the said application would clearly demonstrate that the witnesses who are required to be examined have refused to appear before the learned trial Court which would adversely affect the interest of the petitioners, therefore, they have moved an application and would pray for allowing the same. He would submit that it is not mandatory that the witnesses who were already listed shall be examined and would pray for quashing of the impugned order dated 11.08.2023.

3. Learned counsel for the State opposing the submission made by learned counsel for the petitioners would submit that the order passed by the trial Court is legal and justified and does not warrant any interference by this Court and would pray for dismissal of the writ petition.

4. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction.

5. For better understanding, it is expedient for this Court to extract relevant provisions of Order 16 Rule 1 of the C.P