S.B. Civil Writ Petition No.7585/2010 Smt. Vidya Devi Vs. Janki Devi Dated : 27.09.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. MC Taylor for the petitioner. Mr. Praveen Jain for the respondent. *** By way of this writ petition filed under Article 226 of the Constitution, the petitioner has beseeched to set aside and quash the order dated 3rd May, 2010 whereby the learned Additional Civil Judge (Jr.Div.) Jaipur City, Jaipur did not permit the defendant petitioner to produce the witnesses DW/5 and DW/6 and closed his evidence. 2. Heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order dated 3rd May, 2010. 3. Learned counsel for the petitioner canvassed that he was given only three opportunities to produce witnesses in support of his case and thereafter on 3rd May, 2010 his evidence was closed. Non- production of witnesses DW/5 and DW/6 may cause injustice to him, hence in the interest of justice, he may be given the last opportunity to produce these witnesses in support of his evidence. 4. Learned counsel for respondent No.2 has vehemently opposed the prayer made by the learned counsel for the petitioner and contended that the -2- plaintiff's evidence was closed on 6th April, 2007 and since then the case remained pending for recording the evidence of the petitioner-defendant. He was given more than the required time to produce his witnesses but for one or the other reason, he procrastinated the trial of the suit by filing as many as eight frivolous applications. The defendant has endeavoured to delay the proceedings of the suit. The learned trial Court rightly closed the evidence of the defendant vide his impugned order dated 3rd May, 2010, hence, the writ petition deserves to be dismissed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material on record, it is noticed that albeit the defendant petitioner was granted ample opportunity to produce the witnesses in support of his case, however, in the interest of justice, the petitioner may be given only one and the last opportunity to produce her witnesses DW/5 and DW/6 at the cost of Rs.1,000/-. 6. For the reasons stated above, the writ petition is allowed. The petitioner is granted only one and the last opportunity to produce witnesses DW/5 and DW/6 on 11th October, 2010 at the cost of Rs.1,000/-. In case the defendant petitioner fails to produce DW/5 and DW/6 in evidence on that date, no further -3- opportunity shall be granted to him by the Court and the court would be at liberty to proceed with the suit in accordance with the provisions of law. 7. The writ petition stands disposed of accordingly. (MAHESH BHAGWATI)J. Pcg item No.46.