1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.9730/2008 (Chena Ram & Anr. Vs. Bhajja & Ors.) Date of order : 12.12.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Ravi Bhansali, for the petitioners. Heard learned counsel for the petitioners and perused order impugned 18.11.2008. It is true that sufficient opportunity was given to the petitioner for cross-examining DW-2 Harlal but for one or another reason, the cross- examination was not made by the plaintiff's counsel. When an application was filed on behalf of plaintiff narrating facts that the counsel for plaintiff is ill and he is not in the Court, then, obviously, the matter was to be adjourned for next date as prayed by the plaintiff but vide impugned order dated 18.11.2008, the opportunity to cross- examine DW-2 has been closed. In my opinion, the reasons mentioned in the 2 order impugned are although cogent reasons for denial of opportunity to cross-examine but in the interest of justice when prayer was made by the plaintiff to cross-examine the said witness on the next date, then, obviously the trial Court was to grant time for cross- examination but it has not been done and impugned order has been passed. In this view of the matter, while quashing the order Annexure-4 dated 18.11.2008, last opportunity is hereby granted to plaintiff-petitioner to cross-examine DW-2 Harlal on the next date of hearing at the cost of Rs.1,000/- which is payable to the respondents. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun