IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 24.11.2008. S.B. CIVIL WRIT PETITION NO.1041/2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Sandesh Khandelwal, for the petitioner. Shri Ritesah Jain } Shri Anant Bhandari}, for the respondents. The mater comes up on the application bearing No.37127 submitted by the respondent under Article 226 (3) of the Constitution of India for vacation of the exparte interim order dated 6.2.2008. The submission of the learned counsel for the parties is that the arguments on the application and the writ petition being common the writ petition itself may be heard and decided. With the consent of the parties this writ petition itself is being heard on merits. The grievance of the petitioner is that the defendant had submitted his affidavit as statement in examination-in- chief but as defendant failed to appear on the date fixed for his cross examination. The learned trial court has refused the permission to the defendant for his cross examination on the said affidavit and taking the statement on record. The submission of the learned counsel for the petitioner is that one last opportunity may be allowed to the petitioner for his corss examination. In the facts and circumstances in the interest of justice it is directed that on the next date of hearing the defendant would present himself before the learned trial court for recording of his statement and his cross examination on the affidavit filed which shall be allowed by the learned trial court with the cost of Rs.1000/- to the plaintiff. The prayer has also been made by the learned counsel for the petitioner for allowing to the evidence of witness DW-6 Suresh who has not been permitted to be examined on account of the fact that his name was not included in the list of the witness may be granted. I have heard the learned counsel for the parties and looking to the fact that the affidavit of Suresh was filed on 23.11.2007 which has been ordered to be placed in part- D of the file, in the facts and circumstances the learned trial court shall allow the defendant to produce DW6 Suresh for being examined as a defence witness in the next date on payment of further cost of Rs.1000/-. This petition and the application under Article 226 (3) of the Constitution of India stand disposed of as above. (DALIP SINGH),J. Ramchandrkhatri,PS