1 wp-6045-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6045 of 2011 Jaspreetsingh Harbhajansingh Kohli .. Petitioner Versus Pravandeep Jasbirsingh Sethi .. Respondents Mr. P. J. Thorat for the Petitioner Mr. Ashok Goswami with Mr. Nilesh Masurkar for the Respondents CORAM : R.M.SAVANT, J. DATE : 7th DECEMBER, 2011 ORAL JUDGMENT : 1 Rule. With the consent of the parties made returnable forthwith and heard. 2 The above Petition takes exception to the Order dated 21-4-2010 passed by the 6th Joint, Civil Judge, Senior Division, by which Order, the Application Exhibit 40 in Special Civil Suit No.1227 of 2005 filed by the Defendant i.e. the Petitioner herein for setting aside the “no evidence” Order passed on 15-7-2009, came to be rejected. 3 It appears that there is litigation between the parties and as many as four suits are pending between the parties. The reason given by the 2 wp-6045-11 Defendant for not adducing the evidence was that he has to go out of station for some personal work and therefore steps could not be taken to lead evidence. In my view, a last indulgence ought to be shown to the Petitioner/Defendant and that too on payment of exemplary costs. The impugned Order dated 21-4-2010 is, therefore, quashed and set aside and the Defendant would be permitted to file his affidavit of evidence and the Trial Court is directed to take his affidavit of evidence on record. The Plaintiff would be entitled to cross-examine the Defendant. The Petitioner to pay costs of Rs.10,000/- to the Plaintiff within a period of four weeks from date. Only on payment of the said costs to the Plaintiff that the benefit of this Order would enure to the Petitioner. If the costs are not paid as directed by this Order, the above Petition would be deemed to have been dismissed. 4 Rule is accordingly made absolute in the aforesaid terms with parties to bear their respective costs. (R.M.SAVANT, J.)