1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 1028 of 2007 PRITHVIRAJ V/S DHANNA RAM & ORS. Mr. NL JOSHI, for the appellant / petitioner Date of Order : 26.2.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the petitioner and perused the impugned orders. The two learned Courts below have decreed the claim filed by the creditor, who filed the application under Section 6 of the Rajasthan Relief of Agricultural Indebtedness Act, on the basis of promisory note, and that decree has been upheld in revision. It is contended by learned counsel for the petitioner that the petitioner did not get sufficient opportunity to lead evidence, inasmuch as, even in a short span of 20 days, three opportunities of hearing were given, and the evidence was closed, while the petitioner was ailing, and was suffering from heart ailment, and therefore, sufficient opportunity of hearing should have been granted. The next submission made by learned counsel for the petitioner is that the application filed under Section 6 was not attested by two witnesses. 2 I have considered the submissions. It is a different story that no material, about the petitioner's ailment was produced on record before the learned Courts below, in any case, even if the material produced before me were to be considered, Annex.8 shows that the petitioner had undergone angioplasty on 15.3.2005, while in the present case, issues were struck on 12.4.2005, and the case was fixed for petitioner's evidence on 25.8.2006 onwards. Thus, this ailment is of no relevance for the purposes as contemplated. So far objection about application being not attested by the two witnesses is concerned, no objection in this regard had been taken before the learned Courts below, and in any case, it cannot be said that this has occasioned any substantial failure of justice to the petitioner. Thus, I do not find any force in the writ petition. The same is, therefore, dismissed summarily. ( N P GUPTA ),J. /tarun/