Mo. Kasim v. Balram Jaiswal (Kabadi)

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 876 of 2018 Mo. Kasim S/o Mo. Yosin Aged about 42 years, R/o Link Road, Near Raghuraj Stadium, Police Station Civil Lines, Bilaspur, Tahsil and District Bilaspur (C.G.) ---- Petitioner

Versus

1. Balram Jaiswal (Kabadi), S/o Shri Vishwanath @ Shivnath Jaiswal, aged about 40 years, Permanent R/o Badhaipara, Raipur (C.G.), present address Mini Mata Chowk, Vyapar Vihar Road, Bilaspur, Tahsil and District Bilaspur (C.G.)

2. State of Chhattisgarh, through Collector, Bilaspur (C.G.) --- Respondents For Petitioner :

Shri Arvind Shrivastava, Advocate.

For Respondents :

Shri Adhiraj Surana, Dy. G. A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/10/18 1.

The petitioner's application filed under Section 65 of the Evidence Act, 1872 (for brevity, 'the Act') has been rejected by the trial Court on the ground that Section 66 of the Act has not been complied with against which this writ petition has been preferred.

2.

Learned counsel for the petitioner submits that liberty be granted to file fresh application under Section 65 of the Act after serving of notice under Section 66 of the Act.

3.

Be that as it may, the petitioner is at liberty to comply with Section 66 of the Act and file a fresh application under Section 65 of the Evidence Act. 4.

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

SD/- (Sanjay K. Agrawal) Judge Priyanka