1 SB CWP No.7499/2007 IN THE HIGH COUR OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Writ Petition No.7499 of 2007 Jagdish Prasad Sharma son of Shri Bhori Lal Ji Sharma VERSUS Civil Judge (J.D.) & Judicial Magistrate, Lalsot, District Dausa and Others Date of Order :::: 29/07/2009 Hon'ble Mr. Justice Dalip Singh Mr. Suresh Chandra Sharma, Counsel for the Petitioner Mr. Ritesh Jain, Advocate for Mr. Sandesh Khandelwal, Counsel for the Respondents Per Court : Heard learned counsel for the parties. It is not in dispute that the affidavit of the witnesses of the plaintiff, which have been filed, along with this petition, as Annexures 1 to 4 of Kailash, Chiranji Lal, Gopal and Ram Lal was not taken on record and that of Jagdish (PW-1) alone has been filed before the learned trial Court. The reason given for not having filed the affidavits on the date fixed is that they were not ready till the Court time was over. 2 SB CWP No.7499/2007 Taking a lenient view of the matter, I am inclined to afford one more opportunity to the plaintiff in the interest of justice by allowing this writ petition and directing that the plaintiffs evidence would be recorded by the learned trial Court on the next date, already fixed and it would be the responsibility of the plaintiff-petitioner to bring all the witnesses before the Court on the said date. No further opportunity would be granted to the plaintiff for this purpose. The impugned order is accordingly set aside and liberty is granted to the petitioner, as aforesaid on the condition that the plaintiff would pay the costs of Rs.2000/- to the defendant non-petitioner before the learned trial Court. The writ petition stands allowed , as aforesaid. (Dalip Singh) J. ashok/ 3 SB CWP No.7499/2007