S.B. CIVIL MISC. WRIT PETITION NO.4887/2008 Kheta Ram Vs. State of Rajasthan & Ors. Date of order : 24th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.R. Choudhary for the petitioner. --------- 1. Heard learned counsel for the petitioner. 2. This writ petition is directed against the order dated 30.5.2008 of learned trial court whereby the learned trial court closed the plaintiff's evidence. 3. Learned counsel for the petitioner-plaintiff submits that on the said date 30.5.2008 itself one of the plaintiff's witness PW 3 Daru Ram was examined by the Court and two witnesses, who could not remain present on the date, their affidavit were only filed and same were on record and on the previous occasion on 27.10.2007 also two of the witnesses produced by the plaintiff, PW 1 Kheta Ram and PW 2 Hafat were recorded on that day and thereafter the proceedings were transferred to one Court to another Court. In these circumstances, he submits that the learned trial court has erred in closing the plaintiff's evidence. He prays for indulgence and one last opportunity to plaintiff to produce said witnesses for examination subject to payment of reasonable cost. 4. Having heard learned counsel in the facts and circumstances of this case, this Court is inclined to grant one last opportunity to the plaintiff to produce the remaining witnesses on one single day for examination by the learned trial court subject to payment of cost of Rs.500/-. 5. Learned counsel for the petitioner submits that next date before the trial court is 26.7.2008. He may produce these witnesses before the learned trial court on 26.7.2008 itself subject to payment of cost of Rs.500/-. Copy of this order may be made available to the learned counsel today. 6. The writ petition is accordingly allowed. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.18 babulal/-