SBCWP NO.2526/2008– MOHAN LAL V/S DIST. COURT AND ORS. . : ORDER DATED 12.8.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.2526/2008 Mohan Lal versus Dist. Court and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Rameshwar Hedau, for the petitioner Mr.N.R.Goswami, for the respondents. DATE OF ORDER : 12th AUGUST, 2008. O R D E R 1. Heard the learned counsels for the parties. 2. This petition arises out of order dtd.20.3.2008 passed by the learned trial Court rejecting the application under Order 18 Rule 17 C.P.C. seeking an opportunity to cross-examine the defendant's witnesses. The learned trial Court has rejected the said application with cost of Rs.250/-. SBCWP NO.2526/2008– MOHAN LAL V/S DIST. COURT AND ORS. . : ORDER DATED 12.8.2008 2/3 3. The learned counsel for the petitioner submits that since the counsel Mr.Inder Bishnoi who is senior to Mr.Ranjan Mishra was out of town on that particular date 17.8.2007, the witnesses could not be cross-examined and despite the prayer made to the Court on behalf of the said counsel by Sh. Sunil Prakash Gaur, the Court rejected the said prayer and closed the evidence without allowing opportunity of cross-examination. 4. The prayer is opposed by the learned counsel for the respondents. 5. Having heard the learned counsel for the parties and in the facts and circumstances of the case, this Court is of the opinion that the plaintiff was prevented by the sufficient cause in not cross- examining the plaintiff's witnesses on that particular date as the counsel concerned Mr. Inder Bishnoi was out of station. In the facts and circumstances of the case, the present writ petition is allowed and the impugned order dtd.20.3.2008 is set aside and the petitioner - defendant is allowed opportunity to cross-examine the plaintiff's SBCWP NO.2526/2008– MOHAN LAL V/S DIST. COURT AND ORS. . : ORDER DATED 12.8.2008 3/3 witnesses on the next date fixed by the learned trial Court subject to payment of cost of Rs.1000/-. 6. With these observations, the present writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.73 Ss/-