1 IN THE HIGH COU RT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Subhash Chandra Vs. Shanti Lal & Ors. S.B.CIVIL WRIT PETITION NO.4711/2008 Date of Order : : 21/08/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Rakesh Arora, for the petitioner. Mr.Sunil Beniwal, for the respondents. BY THE COURT: By the instant writ petition, the petitioner seeks quashing of the order dated 4.7.2008 (Annexure-5) passed by the respondent No.4, Civil Judge (Senior Division), Chittorgarh trying election petition (for short 'the trial court” hereinafter) closing the evidence of the petitioner. Heard counsel for the parties. Counsel appearing for the respondents submits the order impugned may be set aside and the trial court may be directed to summon the witness Puran Mal sought to be 2 summoned by application Annexure-4. In view of the statement of counsel for the respondent, the writ petition is allowed, the order impugned dated 4.7.2008 is set aside and the application Annexure-4 is allowed. The trial court is directed to summon the witness Puran Mal for his evidence. If the witness Puran Mal fails to appear then his presence may be secured by bailable or non- bailable warrant as case may be. Next date as stated by the parties, before the Election Officer is 29th of August, 2008. The parties are directed to appear before the trial court on the next date without any notice and the counsel for the petitioner undertakes to deposit the expenses for summoning the witness on the date fixed. However, it is made clear that on the next date, if the petitioner fails to deposit expenses for summoning the witness, no further opportunity for summoning the witness will be granted. There shall be no order as to costs. (H.R.PANWAR), J. NK 3 S.B.CIVIL MISC.STAY APPLICATION NO.8514/2008 IN S.B.CIVIL WRIT PETITION NO.4711/2008 Date of Order : : 21/08/2008 HON'BLE MR.JUSTICE H.R.PANWAR Mr.Rakesh Arora, for the petitioner. Mr.Sunil Beniwal, for the respondents. Since the writ petition itself has been allowed, the stay petition stands disposed of. (H.R.PANWAR), J. NK