IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER 02.03.2009. S.B. CIVIL WRIT PETITION NO.9755/2007 Ganpatil Lal Vs. Munna & Anr. HON'BLE MR. JUSTICE DALIP SINGH Shri Amit Sharma, for the petitioner. Shri HariKishan Sharma, for the respondent. Heard learned counsel for the parties and perused the record. The petitioner plaintiff has challenged the order dated 7.11.2007 Annexure-3 by which the learned trial court has dismissed the application submitted by the plaintiff for summoning the witness Nawal Kishore who is alleged to be a witness on the agreement for sale. A perusal of the order dated 7.11.2007 goes to show that on the date fixed for cross examination/evidence of the plaintiff an affidavit of the plaintiff Anneuxre-1 was given to the defendant's counsel for cross examination . The defendant sought an adjournment for the said purpose. On the same date an application was moved by the plaintiff for summoning the witness Nawal Kishore the copy of the said application has been filed as Annexure-2. In the facts and circumstances of the present case it cannot be said that the plaintiff wanted to delay the proceedings of the suit. As would be evident from the record the case was adjourned on 7.11.2007 on the request of the counsel for the defendant who sought the time for cross examination pf the plaintiff who had filed an affidavit on the said date. In the facts and circumstances therefore the learned court below committed an error of jurisdiction in rejecting the prayer made by the petitioner for summoning the witness. Since the case was adjourned to 26.11.2007 the summons could have been issued for 26.11.2007 for the appearance of the said witness as there would have been sufficient time to serve the witness between this period. In the facts and circumstances of the present case I deem it just and proper in the interest of justice to allow this writ petition as well as the application submitted by the plaintiff petitioner Annexure-2 for summoning the witness Nawsal Kishore. The interim order dated 27.11.2007 is accordingly vacated. The writ petition and stay application stand disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS