1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 291 of 2009 TULSI RAM V/S TARA CHAND @ TILOK CHAND & ORS. Mr. YUVRAJ SONEL, for the appellant / petitioner Mr. PS CHUNDAWAT, ] Mr. BHEEM ARORA, ]for the respondents. Date of Order : 15.4.2009 HON'BLE SHRI N P GUPTA,J. ORDER ----- By order dated 16.1.2009, notices were issued for final disposal. Service is complete. As such, the matter is finally heard. By the impugned order dated 12.12.2008, the learned trial court has closed the plaintiff's evidence while observing, that sufficient opportunity has been granted in the past, even on cost. The plaintiff has filed an application, seeking time for leading evidence, but it has not been mentioned, as to when the death occurred in relation of the plaintiff, and when the plaintiff went and when did he return, nor any affidavit has been filed, therefore, the evidence was closed. Learned counsel for the petitioner made available, for my perusal, certified copies of the order-sheets right from the date of filing of the suit up till the passing of the impugned order. From perusal of these order-sheets, it transpires, that vide order dated 13.4.2007, the application filed under section 10 CPC, was dismissed, and the case was fixed for plaintiff's evidence on 21.5.2007, on that day, the time was sought. Then on 20.7.2007, affidavits of the witnesses were filed, but the defendant sought time to cross- examine. Thereafter, on the next date of hearing, defendant No.4 filed an application under Order 14 Rule 5 CPC, and the matter went on being adjourned on that account. That application ultimately came to be disposed of on 22.7.2008 and the case was fixed for plaintiff's evidence on 13.8.2008, on which date, the adjournment was sought by the plaintiff. Then 2 on 15.10.2008, adjournment was given on the cost of Rs.200/- as the plaintiff was ailing, for which a medical certificate was produced, and the case was fixed on 12.12.2008, on which date, the impugned order has been passed. In view of the facts and circumstances, in the interest of justice, at least one more opportunity must be granted to the plaintiff to lead evidence, subject to payment of heavy cost. Accordingly, the writ petition is allowed. Impugned order is set aside and the plaintiff is given one more opportunity to lead evidence, subject to payment of Rs.5000/- as costs. Learned counsel for the petitioner informs, that the suit is fixed in the trial court on 6.5.2009. The plaintiff is directed to produce the witnesses, whose affidavits have been filed, for cross-examination on 6.5.2009 and if he wants to lead any other evidence, their affidavits should also be filed on or before 6.5.2009. It is clarified, that if the petitioner fails to pay the cost or keep the witnesses present on 6.5.2009 before the trial court, the writ petition shall stand dismissed and the impugned order would revive, however, if on 6.5.2009, for any reason of Court, the statements of the witnesses are not recorded, the attendance of the witnesses shall be recorded and they shall bound to appear on the next date. ( N P GUPTA ),J. /m.asif/