A writ petition challenged the closure of the plaintiff's evidence in a divorce suit before the Family Court, Ambikapur, where one witness remained unexamined despite his affidavit already being filed under Order 18 Rule 4 CPC.
Impugned order set-aside; one more opportunity granted subject to cost of Rs.5000/- within 21 days; evidence to be closed within 30 days.
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2024:CGHC:46432
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WP227 No. 800 of 2024
1 - Rajesh Rajwade S/o Lalan Ram Rajwade, Aged About 36 Years, Caste Rajwar, R/o Village And Post Ramanujnagar, P.S. And Tahsil Ramanujnagar District Surguja Chhattisgarh, At Present Residence of Gandhinagar, Ambikapur, P.S. And Tahsil Ambikapur, District Surguja Chhattisgarh
... Petitioners
versus
1 - Parvati W/o Rajesh Rajwade, Aged About 32 Years, D/o Shri Rambilas Rajwade, R/o Village Bharuhamuda, Post Krishnapur, P.S. And Tahsil Surajpur District Surajpur Chhattisgarh
... Respondents
For Petitioner : Mr. Rishikant Mahobia, Advocate For Respondent : Mr. Ayush Lall, Advocate
SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari
O rder on Board
26/11/2024
Digitally signed by SHYNA AJAY Date: 2024.11.28 10:35:35 +0530
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Family Court, Ambikapur District Sarguja, whereby, his opportunity to adduce evidence has been closed.
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evidence, subject to payment of cost of Rs.5000/-. The aforesaid cost shall be paid by the petitioner/plaintiff to the respondent/defendant through her counsel within a period 21 days from the date of passing of this order and the trial Court, after receipt of a copy of this order, shall close the evidence of the petitioner/plaintiff within a period of 30 days. Ordered accordingly.
Sd/-
(Deepak Kumar Tiwari)
Judge
Shyna
1 issue framed by the court
Should the petitioner's evidence in a divorce suit be reopened after the Family Court closed his opportunity to adduce evidence?
1 provisions across 1 enactments
Rajesh Rajwade
Parvati Rajwade
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
