IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 6.11.2008. S.B. CIVIL WRIT PETITION NO.12177/2008 Adani Agro Pvt. Ltd. Vs. ADJ No.2 Bundi & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Sudarshan Laddha, for the petitioner. Heard learned counsel for the petitioner. Learned counsel for the petitioner has submitted that the petitioner on 22.9.2008 was suffering from Urinary infection as per intimation given as Annexure-4 and therefore there was sufficient cause for the petitioner not to have appeared before the court for the purpose of cross objection and for recording the statement in defence. I have perused the impugned order and I find that in the order dated 22.9.2008 the learned trial court has not taken into consideration grounds of illness and the intimation Annexure-4 which was conveyed by means of the application regarding illness of the petitioner. In the facts and circumstances therefore it is directed that the petitioner is permitted to move fresh application before the learned trial court for being afforded one opportunity for leading evidence. The impugned order dated 22.9.2008 is set aside. In case the application is moved to this effect duly supported by a medical certificate it is expected that the learned trial court shall consider the application in accordance with law. For this purpose the time spent by the petitioner in pursuing the writ petition shall be considered for condonation of delay in moving the application by the learned trial court. Subject to the above, this writ petition is accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS