1 S.B.CIVIL WRIT PETITION NO.10274/2008. Nanga & Ors. VS Smt.Rama Devi & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.10274/2008. Nanga and Others. VERSUS Smt.Rama Devi and Others. 18.05.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Aatish Jain, for the petitioners. Mr.B.M.Gurjar, for the respondents. ***** Heard learned counsel for the parties. The petitioners have challenged the orders (Annexures-10 and 12) by which the right of the defendants to cross examine the plaintiff's witnesses has been closed. From the record i.e., the application submitted by the defendants and the ordersheets, it is clear that on the date fixed i.e. 30.05.2008, an adjournment was sought on account of the fact that the counsel for the defendant was not well on account of his having suffered from jaundice, from the record, it is apparent that this fact has not been controverted by the plaintiff that the counsel for the defendant was not suffering from jaundice. All that was submitted is that the counsel having in fact come to the court but did not appear before the court for cross examining the witnesses. 2 S.B.CIVIL WRIT PETITION NO.10274/2008. Nanga & Ors. VS Smt.Rama Devi & Ors. Having considered the rival submissions, I am of the view that in the facts and circumstances of the present case, the defendants have admitted to the fact that the counsel did come to the court but on account of his being unwell, the left the court and could not cross examine the witnesses there was no denial to the above and so there was sufficient cause to adjourn the case. In the facts and circumstances, I would accept this writ petition and afford an opportunity to the defendants to cross examine the plaintiff's witnesses. In the facts and circumstances, the plaintiff would bring only those witnesses who were present on 30.05.2008 and whose affidavits had been filed, on the next date which is already fixed by the learned trial court and the defendants would be permitted by the learned trial court to cross examine the said witnesses on payment of cost of Rs.1,000/-. Subject to the above, the writ petition stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.