1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 5651/2008 Ram Chandra Agarwal Versus Hanuman Yogi & Others Date of Order :: 14th August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. M.C. Jain for the petitioner Mr. S.N. Tailor for the respondents no. 1 to 4 BY THE COURT: Admit. Mr. S.N. Tailor, advocate appears for respondents no. 1 to 4. The respondent no.5 is only a formal party, therefore, its service is dispensed with. 2. Heard learned counsel for the parties. 3. The plaintiff-petitioner filed a suit for permanent injunction, wherein plaintiff's evidence had already been closed and thereafter the defendants filed an application dated 15th May, 2008 under Order 8 Rule 1 (3) CPC to place on record one video cassette. The application was contested by the plaintiff, however, the trial court allowed the application and took on record the video cassette vide order dated 19th May, 2008. Being aggrieved with the same, the plaintiff has preferred this writ petition. 4. The contention of learned counsel for 2 the petitioner is that the application filed by defendants under Order 8 Rule 1(3) CPC should not have been allowed after closer of evidence of the plaintiff or an opportunity should have been granted to the plaintiff to adduce his evidence in respect of Video Cassette which has been taken on record. The trial court has not passed any order that plaintiff will be entitled to adduce any evidence in respect of Video Cassette which has been taken on record. The learned counsel for the defendants fairly and frankly conceded the aforesaid submission of plaintiff in this respect and contended that he has no objection in case an opportunity is granted to the plaintiff to lead his evidence in respect of Video Cassette which has been taken on record by the trial court vide order dated 19th May, 2008. 5. In view of above, the writ petition is allowed and plaintiff-petitioner is permitted to adduce his evidence in respect of Video Cassette which has been taken on record alongwith application of the defendants vide impugned order dated 19th May, 2008. 6. The cost is made easy. (NARENDRA KUMAR JAIN),J. DK