1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 3415 of 2006 VIRENDRA KEDIA V/S A.V.V.N.LTD.,AJMER & ORS. Mr. JK CHANDA, for the appellant / petitioner Mr. KDS CHARAN for Mr. KULDEEP MATHUR, for the respondent Date of Order : 29.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. By the impugned order, the learned trial court has dismissed the petitioner's application for being granted time to produce evidence on the ground of plaintiff's wife having been taken ill, and having been taken to Delhi for treatment, and while dismissing that application has closed the plaintiff's evidence. It is contended by the learned counsel that on 26.2.2006 the petitioner had filed affidavit and suddenly on account of the wife of petitioner having taken ill she was taken to Delhi, and therefore, it was wholly beyond his control to appear, and as such in the interest of justice opportunity should have been granted. 2 On the other hand, learned counsel for the respondent submits that before this date the petitioner had already been granted more than two dozen opportunities to lead evidence, and therefore, simply because on this particular one day the petitioner had some difficulty which is claimed to be genuine no fault can be found in the impugned order. I have considered the submissions, and find that though sufficient opportunities have been granted to the petitioner in the past, however, since the writ was filed on 7.7.2006, and further proceedings have been stayed by the order dt. 13.7.2006 with the result that the proceedings are held up for more than a year even now. In these circumstances, I think it appropriate to grant one more opportunity to the petitioner to produce all his evidence on the next date of hearing already fixed in the trial court subject to payment of cost of Rs. 5,000/-. Accordingly, the writ petition is disposed of with the direction to the learned trial court to record all the evidence that may be produced by the plaintiff on the next date of hearing already fixed in the trial court, on the condition of plaintiff paying a cost of Rs. 5,000/-. It is made clear that if the petitioner fails to produce his 3 evidence on the next date of hearing, and/or fails to pay the cost, the impugned order will stand revived, and the writ petition will stand dismissed. ( N P GUPTA ),J. /sushil/