1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 4144 of 2007 BANWARI LAL V/S CIVIL JUDGE (J.D.) ,BHILWARA & OS. Mr. LK PUROHIT, for the appellant / petitioner Mr. HIMANSHU MAHESHWARI, for the respondent Date of Order : 17.7.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. By the impugned order dated 2.5.2007, the petitioner's evidence has been closed on account of non- payment of cost, and then vide order dated 25.5.2007, reopening of that evidence has been declined. It appears from the perusal of the order dated 2.5.2007 that the evidence was closed because cost was not paid, which cost was imposed on that day, while on 25.5.2007 despite pointing out that the cost has been paid, the evidence was declined to be reopened. On the side of the learned counsel for the respondent, it is contended that in the past, more than sufficient opportunities had already been granted to the petitioner for leading evidence so much so that on 31.5.2006, it was clearly directed that defendant should produce whatever affidavits he wants to produce, still only 2 Sanjay Kumar appeared, and then adjournments after adjournments have been sought. Then on 30.9.2006, it was directed that since affidavits of Jagdish Chandra, Narayan and Sanjay Kumar had been produced, no other evidence shall be taken, and it is contended that thus, the evidence cannot be reopened. Be that as it may. In my view, may be that the petitioner has already been granted sufficient opportunity, however, in the interest of justice, I think it appropriate to grant one more opportunity subject to payment of cost. Accordingly, the writ petition is allowed, and it is directed that on the next date of hearing already fixed in the learned trial Court, if the petitioner pays a cost of Rs.3000/- and produces the witnesses, whose affidavits had been filed, for the purpose of cross-examination by the plaintiffs, learned trial Court shall allow the plaintiffs to cross-examine them and shall thereafter proceed with the trial of the suit. It is made clear that if the petitioner fails to comply with any of the above directions, the writ petition will automatically stand dismissed. ( N P GUPTA ),J. /tarun/