S.B.Civil Writ Pet. No.2940/07 Arjun Lal v. Shashi Prabha Choudhary & ors. 1 S.B.Civil Writ Petition No.2940/07 Arjun Lal v. Shashi Prabha Choudhary & ors. Date of Order:- 15.1.2009 HON'BLE MR.JUSTICE PRAKASH TATIA Mr.Manish Shishodia for the petitioners Mr. DK Parihar for the respondent no.1 ... This writ petition has been preferred to challenge the order dated 2.3.2007 by which the trial court accepted the application filed by the plaintiff and re-opened the plaintiff's evidence. The petitioner submits that the suit was filed in the year 1991. The plaintiff's evidence was closed on 30.11.2006 and as per the learned counsel for the petitioners, the application for re-opening of the evidence was submitted by the plaintiff which was allowed by the order dated 2.3.2007. It is submitted that in such an old matter, the trial court should not have re-opened the evidence of the plaintiff and it was not a case where the power to review could have been exercised. I considered the submissions of the learned counsel for the petitioner. It is true that the case was old one but when the trial court has allowed the application of the petitioner and gave opportunity to give S.B.Civil Writ Pet. No.2940/07 Arjun Lal v. Shashi Prabha Choudhary & ors. 2 her evidence, I do not find any reason to interfere in this order while exercising jurisdiction under Article 227 of the Constitution of India. So far as the power of the court to re-open the evidence by exercising power under Order 47 is concerned, that provision may have limited scope even then the court has ample power to grant relief for re-opening of the evidence under Section 151 CPC. In view of the above, I do not find any merit in the writ petition. The writ petition is, therefore, dismissed. However, since the suit is old one, therefore, the trial court is requested to decide the suit expeditiously. (PRAKASH TATIA)J mlt.