1 S.B.CIVIL WRIT PETITION NO.1897/2008. Mohan & Ors. VS Anu Shree Agarwal & Anr.. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.1897/2008. Mohan and Others. VERSUS Anu Shree Agarwal and Another. 21.08.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Vipul Jain, for the petitioners. Mr.Poonam Sharma, for the respondents. ***** Heard learned counsel for the parties and perused the impugned order dated 19.01.2008. Admittedly, the learned trial court revoked its earlier order dated 13.11.2007 and allowed the plaintiff-petitioner to lead evidence in the suit. However, the learned trial court restricted its order to allowing only the plaintiff to appear in the witness box and declined the prayer in so far as the other witnesses are concerned, though their affidavits have been filed before the court. I have considered the impugned order and heard the learned counsel for the parties. Learned counsel for the petitioner submitted that the affidavits of the witnesses have already been filed and on the next date which is already fixed before the trial court, the plaintiff would bring his remaining witnesses on his own without seeking any assistance of 2 S.B.CIVIL WRIT PETITION NO.1897/2008. Mohan & Ors. VS Anu Shree Agarwal & Anr.. the court in that behalf and produce them for cross examination by the defendant. The learned counsel for the respondent has objection with regard to the cost. In the facts and circumstances, this writ petition is allowed, subject to the payment of cost of Rs.2,000/- to the defendant/non-petitioner. On the payment of cost of Rs.2,000/- before the learned trial court, the learned trial court would permit the plaintiff's witnesses, whose affidavits have already been filed, to be cross examined by the defendant and their evidence would be taken on record. For this purpose, the plaintiff shall not seek the assistance of the court for procuring their attendance in court. Consequently, the writ petition is allowed, as indicated above on the conditions mentioned herein. (DALIP SINGH),J. Solanki DS, Jr.P.A.