1/2 S.B.CIVIL WRIT PETITION NO.6529/2009 (L.Rs. Of Sh. Dhanpat Singh & Ors. vs. L.Rs of Jasraj & Ors.) DATE OF ORDER : 10/7/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.M.S.Godara, for the petitioner. Heard learned counsel. This writ petition is directed against the order dated 2/4/2009, whereby, the learned trial court has closed the defendant's evidence in an old suit pending since 1984. Learned counsel for the defendant- petitioner submits that on account of bonafide reasons beyond his control like sickness of ladies in the family, he could not remain present on the assigned date before the trial court and since the advocate representing him was also contesting the elections for Legislative Assembly, he also could not attend the proceedings before the trial court. He submitted that in the interest of justice, last and final opportunity may be granted to the defendants to produce all his witnesses on one single date and subject to payment of cost the defendant may be allowed to lead his evidence in the matter as the suit relates to redemption of mortgage and without defendant's evidence his rights would be prejudiced. 2/2 Having heard learned counsel and upon perusal of impugned order, this Court is of the opinion that in the interest of justice one last and final opportunity may be granted to the defendant to lead all his evidence on one single date. Accordingly, this writ petition is disposed of with a direction to learned trial court to permit the defendant to lead his evidence on 12/8/2009 subject to payment of cost of Rs.3000/- (DR.VINEET KOTHARI), J. item no.29 baweja/-