1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 4302 of 2007 SMT. KARAMJIT KAUR V/S A.D.J. ,RAI SINGH NAGAR & ANR. Mr. BS SANDHU for Mr. HS SANDHU, for the appellant / petitioner Mr. PRITAM SOLANKI for Mr. VIJAY BISHNOI, for the respondent Date of Order : 14.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. The petitioner seeks to challenge the order Annexure-3 whereby the learned trial court has declined to reopen the evidence which was closed on 3.5.2007. Learned counsel for the petitioner made available for my perusal the order-sheets of the learned trial court, and from perusal thereof learned counsel for the respondent submits that the petitioner had already been given sufficient opportunities to lead evidence, and even after closure of the evidence adjournments were given, and after compromise efforts failed the matter went on for arguments for some hearing thereafter the present application has been filed. In my view, of course, sufficient opportunities have been given to the petitioner but then in view of the fact that the litigation is regarding custody of the 2 children who are in possession of the petitioner, the mother, and the plaintiff being the grand father while the husband of the petitioner has expired, I think it appropriate to grant one more opportunity to the petitioner to lead all her evidence. Accordingly, the writ petition is allowed and it is directed that if on the next date of hearing fixed by the learned trial Court being 31.8.2007, the petitioner brings all her witnesses, and also pays a cost of Rs.5,000/- to the plaintiff, or deposits it in the Court, the learned trial Court shall record all evidence of the petitioner on that date. In case, for any reason of the Court, it is not possible to record the statement on that date, the attendance of the witnesses present shall be recorded, and they shall be bound down to appear on the next convenient date of the Court. It is made clear that in case the petitioner fails to appear, or brings her evidence on the date so fixed by the learned trial Court, or fails to pay, or deposit the costs awarded above, the writ petition will automatically stand dismissed, and the impugned order shall revive. ( N P GUPTA ),J. /Sushil/