IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 6.11.2008. 1.S.B. CIVIL WRIT PETITION NO.5067/2008 Rajendra Kumar Vs. Brijendra Singh & Anr. 2. S.B. CIVIL WRIT PETITION NO.9800/2008 Brijendra Singh & Anr. Vs. Rajendra Kumar & Anr. HON'BLE MR. JUSTICE DALIP SINGH Shri Pankaj Jain, for the petitioner. Shri M.K. Verma, for the respondent. Both these writ petitions arise out of the same suit between the parties. The S.B. Civil Writ Petition No.5067/2008 has been filed by the defendant petitioner challenging the order dated 4.01.2008 by which the petitioner defendant's right to file the written statement has been closed. The S.B. Civil Writ Petition No.9800/2008 has been filed by the plaintiff petitioner against the order dated 15.5.2008 in the same suit by which the learned trial court has closed right of the plaintiff to produce the affidavit/and lead evidence on behalf of the plaintiff on account of the default of the plaintiff to appear for the said purpose. The learned counsel for the parties submit that both the parties may be allowed one opportunity and both the impugned orders may be set aside. In the facts and circumstances both the writ petitions are allowed. The learned trial court is directed to afford one opportunity to the defendant Rajendra Kumar for filing the written statement. Thereafter the learned trial court after framing the issues on the basis of the pleadings shall afford one opportunity to the plaintiff petitioner to file his affidavit with a copy to the defendant for the purpose of cross examination. Both the impugned orders are set aside and both the writ petitions are decided accordingly. The application for vacating of the interim order stands disposed of. The interim orders are vacated. (DALIP SINGH),J. Ramchandrkhatri,PS