CW – 4433/2009 -Rajender Kumar Vs. M/s Vijayati Ram Jagan Nath & Anr. Judgment dt.6.5.2009 1/2 S.B. CIVIL WRIT PETITION NO.4433/2009 Rajender Kumar Vs. M/s Vijayati Ram Jagan Nath & Anr. Date of order : 6th May, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. B.S. Sandhu for the petitioner. ----- Heard learned counsel. This writ petition is directed against the order dated 17.4.2009 of learned trial court whereby the the plaintiff's evidence has been closed. The learned counsel for the petitioner-plaintiff submitted that though one of the witnesses was present in Court on 17.4.2009 itself and for past considerable period the respondent- defendant was taking time to cross-examine the plaintiff's witness yet on 1.4.2009 only the learned trial court ordered that last opportunity is given for plaintiff's evidence on 17.4.2009 and on 17.4.2009 itself though one of the witnesses was present and an application to this effect was filed in the Court on 17.4.2009, the learned trial court closed the plaintiff's evidence. Having heard learned counsel and in view of the sequence of orders drawn by the learned trial court, this Court is of the view that the learned trial court ought to have allowed the plaintiff's application for cross-examination by the defendant's counsel and ought not have closed the plaintiff's evidence in such a hot haste. CW – 4433/2009 -Rajender Kumar Vs. M/s Vijayati Ram Jagan Nath & Anr. Judgment dt.6.5.2009 2/2 Therefore, this writ petition is allowed and the impugned order dated 17.4.2009 is set aside and on the next date fixed by the learned trial on 23.5.2009, the plaintiff may produce all his witnesses. They may be cross-examined by the learned counsel for the defendants and the suit may proceed further. The writ petition is disposed of. No order as to costs. Copy of this order be sent to the opposite counsel as well as to the learned trial court. [ DR. VINEET KOTHARI ], J. itemNo.7 babulal