1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.9956/2007 {Madan Lal & Another Versus Murti Shri Parshvnath Ji Bhagwan & Another} Date of Order :: 23rd July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. J.K. Singhi for the petitioner Mr. Sudhir Jain ) for the respondent no.1 with ) Mr. Shailendra Agarwal) BY THE COURT: Admit. 2. Heard learned counsel for the parties. 3. The plaintiff-respondent no. 1 filed a suit for eviction and arrears of rent in respect of rented premise. The case was fixed on 3rd October, 2007. The statement of DW-3 Om Prakash was recorded, but other witnesses were not present. The counsel for the defendants again prayed for time to examine more witnesses but trial court closed the evidence observing that number of opportunities had already been granted in this case. The order closing the evidence is under challenge in this writ petition preferred on behalf of the defendants. 4. The learned counsel for the petitioners contended that a last opportunity 2 to examine remaining witnesses may be granted to them on payment of cost. The learned counsel for the respondent no.1 has no objection in giving one more opportunity to the petitioners to lead their evidence but his objection is only in respect of cost as matter has been delayed because of defendants. 5. I have considered the submissions of learned counsel for the parties and examined the impugned order alongwith other documents placed on record with the writ petition. After considering the same, I think it fit and proper, in the interest of justice, to grant one more opportunity in the case to the defendants to examine their remaining witnesses on the particular date to be fixed by this Court at their own on payment of cost. 6. Consequently the writ petition is allowed. The defendants–petitioners are permitted to examine their remaining witnesses in the trial court on 11th & 12th August, 2008 on payment of cost of Rs. 3000/-. The amount of cost will be paid on or before the aforesaid date, failing which the trial court will not record the statement of the defendants' witnesses. 7. So far as this writ petition is 3 concerned, the cost is made easy. (NARENDRA KUMAR JAIN),J. DK