// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5329/2008 Ramjan Mohammad S/o Bafati Khan and Another Versus Nazir S/o Chand and Another Date of Order ::: 30.06.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri S.R. Surana, Counsel for petitioner #### By the Court:- Heard learned counsel for the parties. Plaintiff-respondent filed a suit for eviction against the defendant-petitioners on the ground of reasonable bona-fide necessity and default in making the payment of rent. The defendant-petitioners did not file any written- statement in spite of number of opportunities granted to them and consequently their written- statement was closed on 22nd September, 2006. The defendant-petitioner was allowed to cross- examine the plaintiff's witnesses. The defendant thereafter filed an application dated 11th September, 2007 to allow the defendants to lead evidence. The said application has been dismissed by the trial court vide impugned order dated 30th April, 2008. The trial court has observed that the written-statement of the // 2 // petitioner was closed on 22nd September, 2006. There is no issue relating to rebuttal in the present case. The defence of the defendants has already been struck-off. The defendants have not filed any affidavit nor any document in support of their case. However, the trial court has granted a liberty to the defendants to file documents to show that the documents of the plaintiffs are forged one. I have considered the submissions of learned counsel for the petitioners in the light of reasons assigned by the trial court for rejecting their application and, after considering the same, I do not find any jurisdictional error in the impugned order so as to interfere with the same. There is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.1106/2008 In S.B. Civil Writ Petition No.5329/2008 Ramjan Mohammad S/o Bafati Khan and Another Versus Nazir S/o Chand and Another Date of Order ::: 30.06.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri S.R. Surana, Counsel for petitioner #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//