SBCWP 1550/2008 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R Lallu Prasad & Ors. V/s. Babu Lal & Ors. S.B. CIVIL WRIT PETITION NO.1550/2008 Date of Order : 22/02/2008. PRESENT HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Dr. P.C. Jain for the petitioners. Shri Rajesh Chaturvedi for the respondents. ****** BY THE COURT:- Heard learned counsel for the parties. The writ petition has been filed against the order dated 18/1/2008 by which the learned trial court has closed the evidence of the petitioner. It is argued by the learned counsel for the petitioners that petitioners have already produced three witnesses but in respect of remaining three witgnesses, their cross-examination has not so far been taken place and so long they are not cross- examined, their affidavits will not be read in evidence. Learned counsel for the petitioners therefore prayed that last opportunity be provided to the petitioners to produce such witnesses. Learned counsel for the respondents while opposing the writ petition has argued that already several opportunities have been granted by the trial court to the petitioners for production of their evidence. If however they are not vigilent, the order impugned could not be faulted for that reason. SBCWP 1550/2008 2 Having regard to the facts of the case, I deem it appropriate to grant one last opportunity to the petitioners to produce their witnesses for their cross-examination within one month from the date next fixed before the trial court, subject to payment of cost of Rs.1000/- to be paid to the respondents. Impugned order dated 18/1/2008 is therefore set-aside and the writ petition is accordingly allowed. (MOHAMMAD RAFIQ), J. anil