Cw 5137/2009 -Pokaram Vs. Kumari Anand & Anr. Judgment dt.8.7.09 1/2 S.B. CIVIL WRIT PETITION NO.5137/2009 Pokaram Vs. Kumari Anand & Anr. Date of order : 8th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. M.S. Purohit for the petitioner. ------- 1. This writ petition is directed against the order dated 20.4.2009 whereby the learned trial court allowed the application of the plaintiff under Order 32 Rule 10 (2) C.P.C. and upon attaining majority he was allowed to contest the suit in question on his own which was filed on his behalf through next friend. 2. Learned counsel for the petitioner further submits that while allowing the petitioner for contesting the suit on his own, the learned trial court has not given any opportunity for rebutting the evidence for issue No.3 which pertained to plaintiff No.2 i.e. the present petitioner, in the impugned order dated 20.4.2009 and such right of rebuttal may be given to the plaintiff-petitioner subject to payment of cost. 3. He relies upon the decision of this Court in case of Gad Singh & Ors. Vs. Phool Chand & anr. - 1997(3) RLW (Raj) 2044 Cw 5137/2009 -Pokaram Vs. Kumari Anand & Anr. Judgment dt.8.7.09 2/2 and submits that even without reserving such rights earlier he may be given an opportunity. He submits that next date fixed before the learned trial court is 10th July, 2009 and on that date itself he may be permitted to rebut the evidence led by the defendant with regard to issue No.3. 4. Nobody appears to oppose the submissions on behalf of the respondents despite service. Considering the submissions made at the Bar and upon perusal of impugned order, this writ petition is disposed of with direction to learned trial court to allow an opportunity of rebuttal of the evidence to the plaintiff-petitioner on the next date fixed by learned trial court on 10th July, 2009 subject to payment of cost of Rs.2000/-. 5. In view of the aforesaid observations, this writ petition is disposed of. A copy of this judgment be sent to other party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.s/10 babulal/