1/2 S.B.CIVIL WRIT PETITION NO.4314/2009 (Jagdish Chandra vs. Shri Ashok Kumar) DATE OF ORDER : 29/4/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.S.L.Jain, for the petitioner. Heard learned counsel. This writ petition is directed against the order dated 21/4/2009, whereby, the learned trial court closed the defendant's evidence on the ground that the defendant failed to deposit the cost of Rs.10,000/- imposed by this Court while dismissing his writ petition no.7677/2007 on 15/2/2008 against the order dated 19/11/2007 in the same suit. The operative part of the order dated 15/2/2008 reads as under:- “The petition is, therefore, dismissed with costs quantified at Rs.10,000/- (ten thousand). It shall be required of the petitioner to make deposit of the costs imposed herein before the learned trial court. One-half of this amount shall be disbursed to the plaintiff and the remaining shall go the concerned District Legal Services Authority. It shall be required of the learned trial court to proceed with the trial of the suit expeditiously.” Admittedly, no time frame was fixed by the Court for depositing the cost. Learned counsel for the petitioner submits that he 2/2 filed an application in the learned trial court on 8/8/2008 that he is ready and willing to deposit the cost but the said application was not decided by the trial court. Again such application was filed, however without considering these two applications, the learned trial court by impugned order dated 21/4/2009 has closed the evidence of defendant and fixed the matter for final arguments on 29/4/2009. Having considered the submissions made at the bar and in view of the judgment of this Court fixing no time frame for deposit of cost and in the interest of justice, the defendant is allowed last opportunity to produce his evidence before the learned trial court on one given date i.e. 19/5/2009 and thereafter the learned trial court may proceed with the suit. The writ petition is disposed of. (DR.VINEET KOTHARI), J. item no.s/5 baweja/-