IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.4629/2008 {Purshottam Lal & Another Versus Civil Judge (Junior Division), Jhunjhunu & Others} Date of Order :: 20th August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Rajneesh Gupta for the petitioners Mr. M.M. Ranjan for the respondents no. 2 to 7 BY THE COURT: Admit. Mr. Ranjan appears for the respondents no. 2 to 7. Respondent no.1 is only a formal party, therefore, its service is dispensed with. 2. Heard learned counsel for the parties. 3. The plaintiffs-respondents no. 2 to 4 filed a suit for eviction and recovery of arrears of rent against defendants-petitioners. The aforesaid suit was fixed for defendants' evidence on 9th April, 2008 and on that day the statement of DW-2 Purshottam was recorded. The other witnesses were not present, therefore, defendants' evidence was closed. Being aggrieved with the same, the defendants have preferred this writ petition. 4. The learned counsel for the defendants-petitioners contended that they filed three affidavits and out of three, two witnesses have already been examined and they want to examine one more witness i.e. DW-3 Vinod Kumar. The trial court committed an illegality in not granting one more opportunity to examine DW-3 Vinod Kumar. 5. The learned counsel for the plaintiffs-respondents has no objection in granting one more opportunity to defendants- petitioners to examine DW-3 Vinod Kumar on a particular date fixed by this Court. 6. Consequently the writ petition is allowed. The defendants-petitioners are permitted to examine DW-3 Vinod Kumar on the next date fixed in the trial court i.e. 1st October, 2008 and in case the same is not possible on that day, then on 3rd October, 2008. The petitioners will pay a sum of Rs. 1,000/- towards cost, which will be paid before examination of DW-3 Vinod Kumar, failing which the trial court will not allow the defendants to examine DW-3 Vinod Kumar. 7. So far as this writ petition is concerned, the cost is made easy. (NARENDRA KUMAR JAIN),J. DK