SBCWP NO.538/2007. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R Ram Dhan Vs. Jagdish and anr. S.B. CIVIL WRIT PETITION NO.538/2007. Date of order : 8/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vipul Jain ) Shri Anurag Sharma ) for the petitioner. Shri Mukesh Pal Jadoun for the respondents. ****** BY THE COURT:- The order which is under challenge is dated 23/11/2006 whereby lerarned trial court declined permission to the defendant-petitioner to cross-examine six witnesses whose affidavits were filed before the court below on the ground that same cannot be prayed for as a matter of right. Having heard learned counsel for the parties and perused the material forming part of the record as well as the judgment of the Supreme Court, I am of the opinion that approach of the learned trial court on the above aspect is not correct. In Mehmud Khan Vs. State of Rajasthan and Ors. : 2006(1) R.C.J. 248 and subsequent judgment of the Division Bench of this Court, the similar controversy has been set at right. SBCWP NO.538/2007. 2 In the light of the aforesaid judgment, the writ petition deserves to be allowed and the same is allowed accordingly. The impugned order dated 23/11/2006 is quashed and set-aside. The petitioner shall be at liberty to cross-examine the witnesses. (MOHAMMAD RAFIQ), J. anil