:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1830 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.J.P.Dubey, Adv. for the petitioners. Mr.R.N.Narula, i/by. M/s.Jhangiani Narula and Associates, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 24TH MARCH, 2008. P.C. P.C. P.C. : : : 1. It appears that L.C.Suit No.460 of 1995 which was pending on the file of the City civil Court at Bombay is now to be heard by the learned Judge presiding over the court at Dindoshi. It appears further that several adjournments have been granted by the court with a view to enable the present petitioners who are Original Plaintiffs to cross-examine :2: :2: :2: the Defendant no.1. 2. Six adjournments were granted but the plaintiffs failed to cross-examine the witness. 3. Now, it is stated that since the suit has been transferred to the court at Dindoshi, the plaintiffs have appointed a new Advocate and to enable him to get ready in the matter, one last chance be given. The learned Counsel appearing before me, today states that the plaintiffs would positively cross-examine the witness, if one chance is granted and they would do so on 3.4.2008. 4. Accordingly, it is directed that D.W.No.1 shall be cross-examined by the Plaintiffs on 3.4.2008 at 11 a.m. No adjournment will be granted under any circumstances by the Trial court including on the ground that one of the Plaintiff is absent. Similarly, if the Advocate does not turn up or remains present but does not cross-examine the said witness, :3: :3: :3: his right to cross-examine the witness (D.W.No.1) would stand forfeited and no further opportunity shall be granted under any circumstances. This order is passed because six adjournments have already been taken, but, considering that a new Advocate is appointed at his request, this last opportunity is made available. However, the Original Plaintiffs to pay costs quantified at Rs.5,000/- to the defendants. Costs condition precedent and to be paid on/or before 1.4.2008. Petition disposed off in the above terms. ******