-1- CWP 2160/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Writ Petition No.2160 of 2009. Rajiv Jain son of Shri Kamal Chand Ji Jain V E R S U S Additional District Judge No.1, Jaipur City, Jaipur and Others Date of Judgment :::: 20/08/2010 Hon'ble Mr.Justice Dalip Singh Shri Hemant Sharma, Counsel for the Petitioner Shri G.D. Parwal, Counsel for the Respondents *** By the Court. Heard learned counsel for parties. Matter comes up on the application bearing No.34767 dt.12.08.2010 submitted by the petitioner for extension of the interim order dated 20.03.2009. However, learned counsel for the parties submitted that the writ petition itself may be disposed of in the light of the submissions made. Prayer made is allowed. The writ petition has been preferred by the defendant-petitioner challenging the orders dated 15.12.2008 and 17.01.2009 passed by the learned trial Court closing the evidence of the petitioner and rejecting the application submitted by the petitioner for reopening the same. The learned counsel for the plaintiff- respondents submitted that next date before the learned trial Court is fixed as 26.08.2010 and in case the petitioner files copies of the affidavits of the -2- CWP 2160/2009 witnesses on whom the defendant-petitioner seeks to rely and examine in support of his defence by 23.08.2010 with an advance copy to the counsel for the plaintiffs and undertakes to produce all the witnesses whose affidavits have been filed before the Court on 26.08.2010, the writ petition may be allowed subject to payment of costs of Rs.200/- per witness. Learned counsel for the petitioner submits that the writ petition may be decided in the light of the above. In the facts and circumstances, it is directed that the impugned orders dated 15.12.2008 and 17.01.2009 are set aside on the condition that the defendant-petitioner would file the copies of the affidavits of the witnesses by way of examination-in- chief before the learned trial Court on 23.08.2010 with an advance copy to the counsel for the plaintiffs before the learned trial Court. Since, the date has already fixed before the learned trial Court as 26.08.2010, it is directed that the defendant-petitioner would bring all the witnesses whose affidavits have been filed on 23.08.2010 for the purposes of cross-examination by the plaintiffs on payment of costs of Rs.200/- per witness. No further opportunity would be allowed to the defendant-petitioner for the aforesaid purposes. In case, the petitioner does not comply, the orders dated 15.12.2008 and 17.01.2009 shall stand -3- CWP 2160/2009 revived. The writ petition as well as the application bearing No.34767 dt.12.08.2010 submitted by the petitioner for extension of time stand disposed of as aforesaid and the interim order dated 20th March 2009 stands vacated. (Dalip Singh),J. Ashok/