1 (WP227 No. 190 of 2025) 2025:CGHC:12165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 190 of 2025 1 - Smt. Sumitra Dhimar W/o Late Shri Mohan Lal Dhimar Aged About 66 Years R/o Village Bastipara Anda, P.S. Anda, Tahsil - Durg, District- Durg, C.G. --- Petitioner(s) versus 1 - Mahaveer Jain S/o Late Lakshmi Chand Jain Aged About 42 Years R/o Rishabh Nagar Durg, Tehsil- Durg, District- Durg, C.G. 2 - Yuvraj Dhimar S/o Bhuwan Dhimar Aged About 44 Years R/o Beside Purohit Lauge Aapapura Durg, Tahsil- Durg, District- Durg, C.G. 3 - Deputy Registrar District- Durg, C.G. 4 - State Of Chhattisgarh Through The Collector, District- Durg, C.G. --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner :- Mr. Aman Sharma, Advocate For State :- Mr. Rahul Tamaskar, Govt Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11.03.2025 1. In this writ petition, the petitioner is challenging order dated 05.02.2025 (Annexure P/1), whereby the application ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.03.12 16:56:38 +0530 2 (WP227 No. 190 of 2025) of the plaintiff filed under Order 16 Rule 2 of the CPC has been rejected by the learned trial Court on the ground of delay as well as on the ground that the case is covered under the Action Plan issued by the High Court of Chhattisgarh, Bilaspur for expeditious trial of cases pending for over 05 to 10 years. 2. Learned counsel for the petitioner submits that the examination of Dr. Pramod Gupta, Psychiatrist is necessary for just and proper disposal of the suit, therefore, the application filed under Order 16 Rule 2 of the CPC ought to have been allowed and merely on the ground of delay and that the case is covered under the Action Plan, issued by the High Court of Chhattisgarh, Bilaspur for expeditious trial, the application could not have been rejected. 3. On the other hand, learned State counsel would support the impugned order. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the materials available on record with utmost circumspection. 5. Considering the dispute in question, it appears that the examination of Dr. Pramod Gupta, Psychiatrist is 3 (WP227 No. 190 of 2025) necessary for just and proper disposal of the suit, as such, impugned order dated 05.02.2025 is hereby set aside, subject to payment of cost of Rs.2,500/- (Rs. Two Thousand Five Hundred Only) to the defendant by the plaintiff. 6. Further, it is directed that applications of similar nature, filed even in the cases which are covered under the Action Plan issued by the High Court of Chhattisgarh, Bilaspur, for expeditious trial, the concerned trial Court shall dispose of the said applications in accordance with law expeditiously and will not reject the same merely on the ground that the case is covered under the Action Plan issued by the High Court of Chhattisgarh, Bilaspur. It is also expected that the cases of the litigants have to be decided with utmost responsibility by the trial Court. 7. With the aforesaid observations and directions, this writ petition stands finally disposed of. However, liberty is reserved in favour of the defendant to file review of this order, if any. Sd/- (Sanjay K. Agrawal) Judge @d!t!