CW -5048/09-Har Sohan singh & Anr. Vs. The Corporation Bank & Anr. Judgment dt.19.5.09 1/2 S.B. CIVIL WRIT PETITION NO.5048/2009 Har Sohan singh & Anr. Vs. The Corporation Bank & Anr. Date of order : 19th May, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.S. Chauhan for the petitioner. ----- 1. This writ petition is directed against the order dated 11.5.2009 whereby the defendants' evidence was closed by the learned trial court. 2. The learned counsel for the defendants-petitioners submits that on 20.3.2009 the next date for defence evidence was fixed by the learned trial court is 14.5.2009, however, on account of directions of this Court dated 15.4.2009 on which date the learned counsel for the defendant-petitioners could not remain present before this Court while earlier writ petition filed by the defendants- petitioners was decided, this Court directed the defence evidence to be produced before the learned trial court on 11.5.2009. On 11.5.2009 one of the defence witnesses DW 1 Raman Sethi was examined by the learned trial court. However, the learned trial court was requested to allow other witnesses of the defendants his father namely Har Sohan Singh may also be examined on 14.5.2009, the next date fixed by the learned trial court. However, the learned trial court after examining one of the defence witnesses DW-1 Raman Sethi on 11.5.2009 closed the defence evidence and kept the matter CW -5048/09-Har Sohan singh & Anr. Vs. The Corporation Bank & Anr. Judgment dt.19.5.09 2/2 for final arguments on 19.5.2009 i.e. today. 3. Learned counsel for the defendants-petitioners submits that in the interest of justice and subject to payment of cost of Rs.500/-, the learned trial court may be directed to examine one of the defence witness namely Har Sohan Singh. 4. Accordingly, this writ petition is disposed of without notice to the other party and the learned trial court is directed to permit the defendants witness Harsohan Singh to be examined either today when the date is fixed for final arguments or on the next date as may be fixed by the learned trial court with the undertaking that the petitioner shall pay cost of Rs.500/- to the plaintiff and shall not seek any further adjournment from the trial court in this respect. 5. Accordingly, the writ petition is disposed of. A copy of the same may be sent to the other side as well as to the learned trial court. [ DR. VINEET KOTHARI ], J. itemNo.s/1 babulal