- 1 - S.B.CIVIL WRIT PETITION NO.4766/2009 (Smt. Parwati Devi vs. Smt. Gayatri Devi) DATE OF ORDER : 7/7/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Rajesh Joshi, for the petitioner. Mr.Manish Pitaliya, for the respondent. This petition is directed against the order dated 2/2/2009, whereby, the learned trial court closed the defendant's evidence while rejecting the application under Order 8 Rule 1 (3) CPC dated 17/1/2009. Learned counsel for the petitioner submitted that on three occasions i.e. 15/11/2008, 28/11/2008 and 8/12/2008 though the witnesses of defendant were not present in Court, but on the first date 15/11/2008 after the plaintiff's evidence was closed on 3/11/2008 the Presiding Officer was on leave and, therefore, the matter was adjourned to 28/11/2008. He submitted that two more witnesses are to be produced and cross examined by the plaintiff and out of them one is handwriting expert, whose report is also on record and another is one Ram Lal, who is neighbour of the defendant and whose evidence may support the case of the defendant. He further submitted that cost can be imposed on the defendant for the delay in trial caused on this - 2 - ground in favour of the plaintiff. Learned counsel for the plaintiff opposed these submissions and submitted that adequate opportunities were given to the defendant. Having heard learned counsels, this Court is of the opinion that in the interest of justice one last opportunity can be granted to the defendant for producing these two witnesses on the next date fixed by the trial court i.e. 29/7/2009. On that date, if the defendant produces these two witnesses, the learned trial court may allow their evidence to be taken and cross examined by the plaintiff. The affidavits of these two witnesses to be produced on 29/7/2009 may, however, be given one week in advance to the counsel for the plaintiff. This will, however, be subject to payment of cost of Rs.2000/- to be paid by defendant to the plaintiff for the delay caused in the trial. With these observations, this petition is disposed of. (DR.VINEET KOTHARI), J. item no.s/1 baweja/-