1 (WP227 No. 1057 of 2024) 2025:CGHC:46564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1057 of 2024 1 - Hiralal Sinha S/o Late Guhri Ram Sinha, Aged About 64 Years Caste-Kalar, R/o Amlipara, Khairagarh, Tehsil- Khairagarh, District-Khairagarh-Chhuikhadan-Gandai (C.G.) -----(Plaintiff) --- Petitioner(s) versus 1 - Chhabilal S/o Late Guhri Ram Sinha, Caste-Kalar, R/o Amlipara, Khairagarh, Tehsil-Khairagarh, District-Khairagarh- Chhuikhadan-Gandai (C.G.) 2 - Basantibai W/o Chova Ram Sinha, R/o Village-Mohba, Tehsil And District-Rajnandgaon (C.G.) 3 - Kantibai W/o Manharan Lal Sinha, R/o Village-Dapka, Tehsil-Khairagarh, District- K.C.G. (C.G.) 4 - Rukhminbai W/o Purushotam Sinha, R/o Juni Hatri, Rajnandgaon, District-Rajnandgaon (C.G.) 5 - Rahibai W/o Jairam Sinha, R/o Bajrangpur Navagaon, District-Rajnandgaon (C.G.) 6 - Sarojbai W/o Hemrai Sinha, R/o Village- Arjuni, Tehsil- Dongargaon, District-Rajnandgaon (C.G.) 7 - Smt. Mahabati Wd/o Late Dr. Bhagwati Prasad Sinha, R/o Deendayal Colony, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) 8 - Deepak Sinha S/o Late Dr. Bhagwati Prasad Sinha, R/o Deendayal Colony, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) 9 - Ritesh Sinha S/o Late Dr. Bhagwati Prasad Sinha, R/o Deendayal Colony, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.09.12 17:32:07 +0530 2 (WP227 No. 1057 of 2024) 10 - Tarun Sinha S/o Late Dr. Bhagwati Prasad Sinha, R/o Deendayal Colony, Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) 11 - Smt. Usha Sinha W/o Mahendra Sinha, R/o Village-Anjora, Tehsil And District-Durg (C.G.) 12 - Smt. Sudhabai W/o Shankar Sinha, R/o Village-Gathula, Tehsil And District- Rajnandgaon (C.G.) 13 - Smt. Savita W/o Kamal Sinha, R/o Village-Kalewa, Police Station-Ghumka, Tehsil And District-Rajnandgaon (C.G.) 14 - Smt. Lakshmi Sinha W/o Shri Dularu Sinha, R/o Village- Shankarpur, Tehsil And District- Rajnandgaon (C.G.) 15 - Smt. Sunita Sinha W/o Yogesh Sinha, R/o Village-Pendri, Tehsil And District- Rajnandgaon (C.G.) 16 - State Of Chhattisgarh, Through The Collector Rajnandgaon, District-Rajnandgaon (C.G.) --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner :- Mr. Siddharth Pandey, Advocate For Respondent Nos.2 to 6 :- Mr. Shivendu Pandya, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11.09 .2025 1. This writ petition filed under Article 227 of the Constitution of India is directed against order dated 21.10.2024 (Annexure P/1), passed by learned Civil Judge Junior Division, Khairagarh, District Rajnandagaon, Chhattisgarh in Civil Suit No.24A/2017, by which the application filed by the plaintiff under Section 151 of the CPC seeking permission to examine attesting witness to 3 (WP227 No. 1057 of 2024) the will deed namely, Ghanshyam Verma S/o Salik Ram Verma, has been dismissed on the ground that the plaintiff has already declared his evidence closed. 2. Mr. Siddharth Pandey, learned counsel for the petitioner/plaintiff would submit that since Ghanshyam Verma is an attesting witness to the will deed, his examination is extremely necessary, which could not been done earlier on account of some confusion as he was previously declared dead, however, he is alive and therefore, he may be permitted to be examined in the interest of justice and for effective adjudication of the case. 3. On the other hand, learned counsel for the respondent Nos.2 to 6/defendants would submit that evidence of both the parties has been set at rest, therefore, it would amount to reopening the case and thus, this petition is liable to be dismissed. 4. I have heard both the parties, considered their rival submissions made herein above and gone through the materials available on record with utmost circumspection. 5. True it is that both the plaintiff and defendants had closed their evidence and thereafter, application under Section 151 of the CPC was filed by the plaintiff on 14.10.2024 for examination of attesting witness namely, Ghanshyam 4 (WP227 No. 1057 of 2024) Verma S/o Salik Ram Verma stating that Ghanshyam Verma was wrongly declared to be dead previously, but he is alive and his examination is necessary in the interest of justice. As such, since Ghanshyam Verma is listed to be an attesting witness and said to be alive, his examination would be necessary to secure the ends of justice and if he is not examined, it would lead to failure of justice. Accordingly, impugned order dated 21.10.2024 (Annexure P/1) passed by the learned trial Court is hereby set aside and this writ petition is allowed subject to payment of cost of Rs.2,000/- by plaintiff to defendant Nos.2 to 6. The plaintiff is at liberty to file affidavit under Order 18 Rule 4 of the CPC for examination-in-chief of his aforesaid attesting witness and for his cross examination and is directed to file the aforesaid affidavit on or before 18.09.2025 and keep his witness present before the learned trial Court on 24.09.2025 or any other date as fixed by trial Court but not later than 27.09.2025. 6. With the aforesaid order and directions, this writ petition stands finally disposed of. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge @d!t!