1 S.B.CIVIL WRIT PETITION NO.1490/2010. Pepa (since deceased) through LRs. VS Kesra & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.1490/2010. Pepa (since deceased) through LRs. VERSUS Kesra and Others. 15.02.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.K.S.Chandel, for the petitioners. Mr.Kamlesh Pareek ] Mr.Arvind Kumar Pareek] for the respondents. Mr.Mohan Choudhary ] ***** Heard learned counsel for the parties and perused the impugned order by which the defendant- petitioner's evidence has been closed by the learned trial court. The learned trial court in its order has first of all itself recorded that it was not specified as to evidence of which of the defendants the case had been fixed. Admittedly, the evidence of the defendant No.1 started after the plaintiff closed the evidence and the case was fixed for the evidence of the defendant No.2 on 25.09.2009 but on 25.09.2009 the plaintiff's counsel filed the affidavit of another witness namely Nandlal on the said date and the case was adjourned to 06.11.2009. The next date fixed in the matter was 17.11.2009 on which date the Presiding Officer of the court was not present and the case was then fixed on 26.11.2009 and on 30.11.2009 the case was adjourned to 05.12.2009 on which date the Presiding Officer of 2 S.B.CIVIL WRIT PETITION NO.1490/2010. Pepa (since deceased) through LRs. VS Kesra & Ors. the court was not present. The next date fixed was 15.12.2009 on which date the order closing the right of the defendant to lead evidence was passed by the learned trial court. These facts are apparent even from the impugned order dated 25.01.2010. In the facts and circumstances of the present case, I deem it just and proper in the interest of justice to grant one last opportunity to the defendant- petitioner to lead evidence. Learned counsel for the defendant-petitioner submits that in all the defendant wants to examine four witnesses whose affidavits are ready and he has furnished a copy of the same to the learned counsel for the plaintiff-respondent. The next date already fixed in the matter before the learned trial court is 06.03.2010. It is directed that on the said date, the defendant-petitioner shall present all the four witnesses whose affidavits have been furnished to the learned counsel for the plaintiff-respondent on his own and no assistance in this regard would be granted by the learned trial court for summoning these witnesses. However, it is made clear that in case the defendant- petitioner fails to bring any of the witnesses before the learned trial court on 06.03.2010, no further opportunity to examine the said witness would be granted by the learned trial court. Subject to the above and on the condition of payment of cost of Rs.1,000/- to the plaintiff- respondent, this petition as well as the stay application stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.