1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.4719/2008. Pushp Chand Jain. VERSUS A.C.J.(J.D.)No.5, North, Kota and Others. 12.09.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Shailesh Prakash Sharma ] Mr.Ganesh Chandra Gupta ] for the petitioner. Mr.Rinesh Gupta, for the respondents. ***** Heard learned counsel for the parties and perused the impugned order dated 05.03.2008 (Annexure-4). By the impugned order the application filed by the petitioner for recalling the order dated 31.01.2008 by which the right of the defendant-petitioner to cross examine the witnesses of the plaintiff has been closed has been dismissed by the learned trial court. Several opportunities had been granted to the defendant-petitioner to cross examine the witnesses, however, on account of one reason or the other, the cross examination of the plaintiff's witnesses could not take place and the leaned trial court closed the right of the defendant to cross examine the plaintiff's witnesses. Learned counsel for the respondents has supported the impugned order and has submitted that the defendant-petitioner who is the tenant only wants 2 to delay the proceedings. Learned counsel for the petitioner, on the other hand, in the light of the averments made in the application has submitted that the defendant-petitioner was ready and willing to cross examine the witnesses but on account of the reasons as mentioned in the application, the cross examination could not take place as sometimes the counsel for the defendant-petitioner was ill and on a few occasions the work has been suspended by the members of the Bar. There appears to be some amount of sufficient cause as mentioned in the application of the defendant but this fact cannot be lost site of that sometimes the defendants-tenants do want to delay the proceedings. However, in the interest of justice and with a view to avoid any such plea being raised by the defendant- petitioner in the appeal in the event of the suit being decreed and the appeal being filed against the judgment and decree by the learned trial court that one opportunity be granted to the petitioner for cross examination the witnesses of plaintiffs so that the lacuna if any may be cured at this stage. In the facts and circumstances, the impugned order dated 05.03.2008 passed by the learned trial court is set aside. The application dated 31.01.2008 is allowed on the condition that the defendant-petitioner shall pay a cost of Rs.500/- to the plaintiffs and subject to the payment of cost, the learned trial court shall allow the cross examination of the witnesses of the plaintiffs who are to be cross examined by the defendant-petitioner. The aforesaid witnesses shall be 3 brought by the plaintiff on the next date fixed by the learned trial court in this behalf i.e. on 01.10.2008. On the aforesaid date, on the witnesses being produced by the plaintiffs, the learned trial court shall allow the defendant-petitioner to cross examine the witnesses subject to the payment of cost. The writ petition accordingly stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.