1 2025:CGHC:5269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1 of 2025 1 - Fuldevi @ Fulbai Wd/o Late Vikram Jaiswal Aged About 62 Years Resident Of Bawakuti, Sarangarh, Tahsil Sarangarh, District - Sarangarh- Bilaigarh, Chhattisgarh.(Defendant No. 3) ... Petitioner(s) versus 1 - Prem Singh Patel S/o Late Jhanjhan Patel Aged About 62 Years Resident Of Village - Parasadeeh Tahsil- Sarangarh And District- Sarangarh-Bilaigarh, C.G.(Planitiff(S)) 2 - Vikram Jaiswal S/o Late Maheshram Jaiswal (Died) Proprietor M/s Sita Rice Mill Bawakuti, Sarangarh, Tahsil- Sarangarh And District Sarangarh- Bilaigarh,C.G.(DefendantNo.1) 2.1 - Vivek Jaiswal S/o Late Vikram Jaiswal Aged About 26 Years R/o Near Bawakuti, Sarangarh, Tahsil- Sarangarh And District Sarangarh-Bilaigarh, C.G.(Lrs Of Defendant No. 1) 2.2 - Vikash Jaiswal S/o Late Vikram Jaiswal Aged About 22 Years R/o Near Bawakuti, Sarangarh, Tahsil- Sarangarh And District Sarangarh-Bilaigarh, C.G.(Lrs Of Defendant No. 1) 2.3 - Chandrakala Jaiswal D/o Late Vikram Jaiswal Aged About 22 Years R/o Near Bawakuti, Sarangarh, Tahsil- Sarangarh And District Sarangarh- Bilaigarh,C.G.(Lrs Of Defendant No. 1) 3 - Makram Jaiswal S/o Shri Not Known Aged About 48 Years Manager M/s Sita Rice Mill Bawakuti, Sarangarh, Tahsil- Sarangarh And District Sarangarh- Bilaigarh, C.G. (Defendant No. 2) ... Respondent(s) Digitally signed by AJINKYA PANSARE Date: 2025.01.31 11:14:04 +0530 2 For Petitioner : Mr. R.S. Patel, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 29/01/2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 This Hon'ble Court may kindly be pleased to call for the entire record of the civil suit No.B/3/2018, which is pending before the. Learned First Additional Judge, to First Civil Judge Junior Division Raigarh at Sarangarh, Tahsil- Sarangarh Dist. Sarangarh- Bilaigarh (C.G.). 10.2 This Hon'ble Court may kindly be pleased to set- aside impugned order dated 06.11.2024 (Annexure P/1) passed by the Learned Learned First Additional Judge, to First Civil Judge Junior Division Raigarh at Sarangarh, Tahsil- Sarangarh Dist. Sarangarh- Bilaigarh (C.G.) in Civil Suit No. B/3/2018, in the interest of justice. 10.3 This Hon'ble Court may kindly be pleased to allow this writ petition and set-aside the civil suit No B/3/2018 pending before the Learned First Additional Judge, to First Civil Judge Junior Division Raigarh at Sarangarh, Tahsil- Sarangarh Dist. Sarangarh- Bilalgarh (C.G.), in the interest of justice. 10.4 This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case. 2) Learned counsel for the petitioner/ defendant No. 3 submits that plaintiff preferred applications under Order 22 Rule 4 and Order 22 Rule 9 of CPC which were allowed by the learned trial Court though there was no application for condonation of delay. He further submits that earlier similar applications were rejected as not pressed on 20.12.2023. 3) Heard. 3 4) Evidently, earlier applications were not pressed by plaintiff, thus, they were not rejected on merit. Subsequently, applications under Order 22 Rule 4 and Order 22 Rule 9 of CPC were moved but no application for condonation of delay was moved. Learned trial Court in the interest of justice allowed these applications. 5) I do not find any good ground to interfere with the order passed by learned trial Court, consequently, this petition fails and is hereby dismissed. Sd/- Rakesh Mohan Pandey JUDGE Ajinkya