SBCWP NO.9485/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.9485/2007. Ajay Kumar & Anr. Vs. Narendra Kumar Arya Date of Order : 16/1/2008. PRESENT HON'BLE MR.JUSTICE M.N. BHANDARI Shri R.P. Vijay for the petitioners. Shri Arvind Bhardwaj for the respodent. **** BY THE COURT:- Heard learned counsel for the parties. 2) With the consent of the parties, the matter was taken up for final hearing. 3) The grievance of the petitioners is that their evidence has been closed by the court below and the the application submitted for giving chance for evidence, the same was dismissed by the impugned- order. It is submitted that only three chances were given to lead evidence but for some or the other justified reason, the evidence could not be led. However, it was urged that if one opportunity is given, they will lead complete evidence on one date itself and that too petitioners are ready to pay the reasonable cost for the same. SBCWP NO.9485/07. 2 4) Learned counsel for the respondents submits that in fact six opportunities were given to the petitioners to lead evidence and it is only on their failure to lead evidence that necessary order was passed by the court below. It is also submitted that application moved by the petitioners was not containing the correct provisions of law as well as the date of the order which was sought to be recalled. It was lastly urged that if petitioners are given liberty to lead evidence on payment of cost then, atleast a direction may be given to the court below to expedite the matter. 5) I have heard learned counsel for the parties and perused the record. 6) During the course of arguments, it came out that though time was given to the petitioners to lead evidence but looking to the fact that now petitioners are ready to lead evidence on the date fixed and that too on the one date itself and subject to payment of the cost with a further direction to the court below to expedite the matter, I pass the following orders accordingly:- (i) The petitioners may lead their complete SBCWP NO.9485/07. 3 evidence on the next date fixed in this case and in case no evidence is laid or any evidence is left out then, same would not be accepted by the court below in any eventuality. (ii) The evidence would be accepted only on payment of cost of Rs.5,000/- to be paid by the petitioners. (iii) Regarding the request made by the counsel for the respondents that if on cost evidence is allowed then, the court below should be directed to expedite the proceedings so that a final decision is given at the earliest. Request as made by the counsel for the respondents is accepted and the court below is directed to expedite the proceedings and try to decide the matter within a period of three months from the date of receipt of certified copy of this order. With the directions given above, the writ petition is disposed of. (M.N. BHANDARI), J. anil