1 S.B. CIVIL WRIT PETITION NO.4867/2008 Ram Lal Vs.Birju Singh & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 20.7.2009. S.B. CIVIL WRIT PETITION NO.4867/2008 Ram Lal Vs. Birju Singh & Ors. HON'BLE MR. JUSTICE DALIP SINGH Smt. Manju Jain, for the petitioner. Shri Rahul Tiwari, for the respondent. Heard learned counsel for the parties. The petitioner plaintiff has challenged the order dated 25.4.2008 by which the evidence of the plaintiff has been closed. The submission of the learned counsel for the petitioner is that on the said date the petitioner was not well and therefore could not attend the court. The learned trial court recorded that there was no certificate of the doctor or the affidavit of the petitioner to suggest and substantiate the aforesaid plea of the plaintiff. 2 S.B. CIVIL WRIT PETITION NO.4867/2008 Ram Lal Vs.Birju Singh & Ors. Learned trial court took note of the fact that the matter had been posted for the evidence of the petitioner since 30.10.2006 before the court but the petitioner has failed to lead any evidence. Learned counsel for the respondent has submitted that as many as six opportunities were granted to the plaintiff but the plaintiff always sought time for producing the evidence before the court. In the alternative the learned counsel submits that if an opportunity to the plaintiff is to be granted for producing the evidence/affidavit the respondent should be compensated with costs. Having heard learned for the parties and having perused the record including the order-sheets which are marked as Annexure-3 where on some of the dates even the Presiding Officer was on leave, I am of the opinion that one opportunity in the interest of justice may be allowed to the plaintiff petitioner to bring all the evidence before 3 S.B. CIVIL WRIT PETITION NO.4867/2008 Ram Lal Vs.Birju Singh & Ors. the learned trial court. The aforesaid opportunity is allowed subject to the payment of costs of Rs.2,000/- to the defendant respondent. It is therefore directed that the impugned order dated 25.5.2008 is set aside. The plaintiff is directed to file the affidavit of all the relevant witnesses on whom the plaintiff seeks rely and produce before the court on the next date and shall make them available for cross examination on the said date. The affidavits/evidence will be taken on record on the condition of the payment of cost of Rs.2,000/- to the defendant respondent. This writ petition is disposed of as above. The stay stay application is also disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS