1/2 S.B. CIVIL WRIT PETITION NO.861/2009 Lrs of Late Shri Khyali Ram vs Bhagirath & Ors. DATE OF ORDER: 15.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Dron Kaushik, for the petitioner. Mr. MS Godara, for the respondents. <><><> Heard learned counsel for the parties. The petitioner who produced four witnesses on 21.1.2009 was denied opportunity to produce more witnesses on the ground of sufficient opportunity was granted to the petitioner and even opportunity was granted on payment of cost. Since the petitioner examined 4 witnesses on 22.1.2009, therefore, looking to the totality of the facts of the case, the trial court should not have closed the evidence of the petitioner on the ground that on earlier occasion, the petitioner did not produce the witnesses. In these circumstances, the order dated 22.1.2009 is set aside on payment of cost of Rs.2,000/-, which may be paid to the plaintiff or may be deposited in the trial court. The petitioner shall produce his all witnesses in one day, which may be fixed by the trial court for recording evidence of the petitioner's witnesses. The petitioner shall produce his all 2/2 the witnesses by his own means only. In case the petitioner fails to produce the witnesses then the petitioner's evidence shall remain closed. The writ petition of the petitioner is allowed accordingly. (PRAKASH TATIA), J. c.p.goyal/-