Nitu Srivastava v. Public At Large

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 787 of 2018 Nitu Shrivastava W/o Late Pankaj Shrivastava, aged about 34 years, R/o Infront of Old High Court Road, Jaiswal Gali, Bilaspur, District Bilaspur (C.G.) ---- Petitioner

Versus

1. Public at Large

2. Branch Manager, State Bank of India, High Court Branch, Bodri, Bilaspur, Tahsil and District Bilaspur (C.G.)

3. Meena Kumari Shrivastava, W/o S.P. Shrivastava, R/o Behind Thakur Dev Mandir, Gandi Chowk, Bilaspur, Tahsil / District Bilaspur (C.G.) ---- Respondents For Petitioner :

Petitioner in person.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/09/18 1.

By the impugned order dated 23.08.2018, the petitioner / plaintiff's opportunity to lead evidence has been closed by the trial Court on the ground that petitioner appeared before the Court on the date fixed for evidence i.e. on 24.07.2018 and 23.08.2018 at about 4.45 pm, against which this writ petition has been preferred.

2.

I have heard petitioner in person.

3.

It appears that though petitioner appeared before the Court on 24.07.2018 & 23.08.2018 at later part of the day but that cannot be a ground to foreclose the opportunity of the petitioner to lead evidence. Accordingly, the impugned order is set aside.

4.

As the case is fixed for tomorrow before the trial Court, the trial Court is directed to record the evidence of petitioner / plaintiff and her witnesses on 13.09.2018 and petitioner is directed to appear before the trial Court at 11.00a.m.

5.

The respondents / defendants would be at liberty to move an application for modification of the order, if they are aggrieved. 6.

AR(J) is directed to send a copy of this order to the trial Court by today itself.

Certified copy today.

SD/- (Sanjay K. Agrawal) Judge Priyanka