S.B.CIVIL MISC.WRIT PETITION NO.4308/2009 (Prakashmal & Ors. vs. Parvati Singhal & Ors.) DATE OF ORDER : 1/5/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.J.R.Patel, for the petitioner. Heard learned counsel. This petition is directed against the order dated 10/12/2008, whereby, the learned trial court closed the defendants' evidence except defendant Guman Mal, who was said to be unwell and, therefore, time was sought on behalf of defendants. Besides the evidence of said Guman Mal, defendants furnished affidavits of as many as 09 other witnesses, who were not present before the Court on 10/12/2008 for cross examination and, therefore, evidence was closed. Learned counsel for the defendants submits that tomorrow i.e.2/5/2009 is the date fixed for cross examination of Guman Mal and in the interest of justice he may be permitted to produce other witnesses also for cross examination subject to payment of cost to the plaintiff. Having heard the learned counsel and upon perusal of the impugned order, this writ petition is disposed of with the direction to the learned trial court that if the defendant produces all his witnesses for cross examination, whose affidavits have already been filed, same may be permitted subject to cost of Rs.500/-. The writ petition is disposed of accordingly. (DR.VINEET KOTHARI), J. item no.12 baweja/-