1 S.B. CIVIL WRIT PETITION NO.6302/2009 Ajit Khan Vs. Civil Judge (SD),Tonk & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 31.7.2009. S.B. CIVIL WRIT PETITION NO.6302/2009 Ajij Khan Vs. Civil Judge (SD),Tonk & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Nitin Jain, for the petitioner. Shri Om Prakash Jain, for the respondent No.3. Heard learned counsel for the parties. The defendant petitioner has approached this court against the impugned order dated 14.5.2009 by which the defence evidence has been closed by the learned trial court as no witnesses were present from the side of the defendant. It has been submitted by the learned counsel for petitioner that the counsel for the defendant noted erroneously the next date as 15.5.2009 in place of 14.5.2009 and in support thereof the file cover of the counsel in relation to the present case file has been filed as Annexure-1 where the date has been noted as 15.5.2009. 2 S.B. CIVIL WRIT PETITION NO.6302/2009 Ajit Khan Vs. Civil Judge (SD),Tonk & Ors. It appears that there was a bona fide error as has been mentioned in the writ petition which is duly supported by the affidavit of the defendant petitioner in recording the date as 15.5.2009 and hence the defendant and his witnesses were not present on 14.5.2009. In the facts and circumstances of the present case I am inclined to allow this writ petition and set aside the impugned order. The impugned order is set aside. It is directed that the defendant petitioner shall produce the remaining witnesses before the court on his own on the next date fixed before the learned trial court. On production of the certified copy of this order, the learned trial court would permit the petitioner to examine the remaining witnesses of the defendant and file their affidavits if not already filed. This writ petition is disposed of as above. The application under Article 226 3) of the Constitution of India is also disposed of. (DALIP SINGH),J. Ram Chandr Khatri PS