IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5254/2005 Ashok Kumar S/o late Shri Gopi Ram Versus Civil Judge (SD), Fatehapur Shekhawati, District Sikar AND Indra Devi W/o Shri Phool Chand Date of Order ::: 20.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri D.P. Pujari, Counsel for petitioner Shri Pankaj Sharma, Counsel for respondent No.2 #### By the Court:- Heard learned counsel for the parties. The plaintiff-petitioner filed a suit for cancellation of sale- deed dated 23rd May, 1992 in the trial court, which was fixed for plaintiff's evidence on 4th January, 2003. The statement of PW-1 was recorded on 24th September, 2004. Thereafter about eight-to-nine opportunities were granted to the plaintiff to examine his remaining evidence but no evidence was adduced in spite of time granted on costs, therefore, the trial court closed the plaintiff's evidence on 29th April, 2005. The said order is under challenge in this writ petition preferred on behalf of the plaintiff. This Court issued notice to show cause to the respondents on 18th July, 2005 and, vide order dated 4th February, 2008, passed an interim order that the trial court will not pass the final judgment in the matter. The learned counsel for the petitioner contended that the trial court committed an illegality in closing the plaintiff's evidence as plaintiff was unable to produce his evidence due to certain reasons. It was plaintiff's suit which was going to be delayed, therefore, in these circumstances, the plaintiff ought to have been given one more opportunity to adduce his evidence. He further contended that so far as the delay of proceedings is concerned, the respondents could have been compensated by way of costs. The learned counsel for the respondents contended that due opportunity was given to the plaintiff to adduce his evidence and only thereafter the evidence was closed. He further contended that further proceedings of the suit were not stayed by this court, therefore, the suit is now at the fag end and it is now fixed for final arguments. The defendant's evidence has also been recorded. He, therefore, contended that the writ petition of the petitioner be dismissed. I have considered the submissions of learned counsel for the petitioner. From the impugned order passed by the trial court it appears that about 12 opportunities were given to the plaintiff to lead evidence and only thereafter the plaintiff's evidence was closed. Although, the plaintiff remained negligent in not producing his remaining evidence, but, in the facts and circumstances of the present case and in the interest of justice, I deem it fit and proper to grant one more opportunity to the plaintiff to adduce his remaining evidence on a particular date to be fixed by this Court on payment of costs. Consequently, the writ petition is allowed. The order dated 29th April, 2005 of the trial court closing the evidence of the plaintiff is set-aside. The plaintiff-petitioner is permitted to adduce his remaining evidence on 8th and 9th July, 2008 on payment of costs of Rs.3000/- (Rupees three thousand only) with the clear understanding that in case the plaintiff fails to produce his evidence at his own on the aforesaid dates or fails to pay the amount of costs as awarded above, then the plaintiff's evidence will be deemed to be closed and no further opportunity in this regard will be granted by the trial court to the plaintiff. So far as this writ petition is concerned, the costs is made easy. (Narendra Kumar Jain) J. //Jaiman// IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.4485/2005 In S.B. Civil Writ Petition No.5254/2005 Ashok Kumar S/o late Shri Gopi Ram Versus Civil Judge (SD), Fatehapur Shekhawati, District Sikar AND Indra Devi W/o Shri Phool Chand Date of Order ::: 20.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri D.P. Pujari, Counsel for petitioner Shri Pankaj Sharma, Counsel for respondent No.2 #### By the Court:- In view of the order passed in the writ petition itself, the stay application, filed therewith, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman// IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc.2nd Stay Application (Inward) No.378, dated 30th January, 2008 In S.B. Civil Writ Petition No.5254/2005 Ashok Kumar S/o late Shri Gopi Ram Versus Civil Judge (SD), Fatehapur Shekhawati, District Sikar AND Indra Devi W/o Shri Phool Chand Date of Order ::: 20.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri D.P. Pujari, Counsel for petitioner Shri Pankaj Sharma, Counsel for respondent No.2 #### By the Court:- In view of the order passed in the writ petition itself, the second stay application, filed therewith, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//