S.B. Civil Writ Petition No.11651/2010 Syed Jameel Chishty Vs. Darga committee and ors. Dated : 01.10.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. AK Sharma, for the petitioner. *** By way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 6th August, 2010 whereby the learned Civil Judge (Jr.Div.) & Judicial Magistrate, First Class, Ajmer City (West), Ajmer closed the evidence of the plaintiff. 2. Heard learned counsel for the petitioner and carefully perused the relevant material on record. 3. The learned Civil Judge (Jr.Div.) is found to have closed the evidence of the plaintiff on the ground that the suit had been pending for recording the evidence of the witnesses for the last four years and 21 opportunities had already been granted to him for the same. The learned Civil Judge (Jr.Div.) also seems to have dismissed the prayer of granting one more opportunity for the reason that the plaintiff was endeavouring to procrastinate the trial of the suit and thus adjourned the case for recording the statements of defendants. Learned counsel canvassed that in case the plaintiff was not afforded an opportunity to examine the material -2- witnesses, his suit shall fail causing great injustice to him. Hence, he may be given only one and the last opportunity to produce the witnesses in the interest of justice as the evidence of the defendant has yet not commenced. Keeping in view the prayer made by the learned counsel for the petitioner, I deem it just and proper to grant only one and the last opportunity to the plaintiff to produce his material witnesses. The plaintiff should appear before the learned Civil Judge (Jr.Div.) Ajmer (West), along with his witnesses on 6th October, 2010, the date already fixed for hearing by the learned trial Court. The learned Court shall record the statements of the witnesses of the plaintiff, present in the Court, on 6th October, 2010. In case, for one or the other reason, the statements of the witnesses remain in complete on that day, the same shall be completed on the following day or any other day fixed by the Court, but if the plaintiff fails to produce the witnesses on 6th October, 2010, the learned trial Court will not grant any more opportunity and shall proceed further in accordance with the provisions of law. The writ petition stands disposed of accordingly. (MAHESH BHAGWATI)J. Pcg item No.68