IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 22.01.2009. S.B.CIVIL WRIT PETITION NO.11555/2008 Jagdish Chand Vs. ADJ (FT) No.3, Ajmer & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri S.N. Kumawat, for the petitioner. Shri R.K. Agarwal, for the respondent. The respondent has appeared in response to the notice issued by this court dated 21.10.2008. Learned counsel for the parties submit that the evidence of the defendant except DW-1 the defendant himself has already been recorded. It is submitted that the defendant could not appear as directed by this court on 21.10.2008 for the purpose of his cross-examination. Learned counsel for the petitioner defendant undertakes that the DW-1 would appear for his cross examination on the next date which has already been fixed on 9.2.2009 On the said date in case the defendant DW-1 Jagdish appears before the learned trial court, the learned trial court shall permit the defendant to appear as DW1 and shall afford an opportunity to the learned counsel for the respondent plaintiff to cross examine the said witness on payment of cost of Rs.1000/- which has already been fixed by this court on 21.10.2008. Subject to the above this writ petition is disposed of. The application bearing No.41324 filed by the respondent is also disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS