Civil Writ No.6151/2008 State of Raj. vs. Addl.Civil Judge, Bhilwara & Ors. Order dt.27/8/2008 1/2 S.B.CIVIL WRIT PETITION NO.6151/08 (State of Raj. & anr. vs. Addl. Civil Judge (JD)Bhilwara & anr. DATE OF ORDER : 27/8/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mrs.Raghuraj Kanwar, for the petitioners. Heard learned counsel. This petition has been filed by the State against the orders dt.22/12/2005 and 9/1/2007,whereby, the learned trial court directed closure of the evidence of defendants, officers of the District Industries Centre, Bhilwara. The part of the statement was recorded by the Court on 9/7/2004 of Sh. Umesh Baheti but for certain reasons beyond the control of said officer, he could not appear before the Court, therefore, said evidence could not completed and, thereafter, on account of non-appearance, despite grant of several opportunities, learned trial cout closed the defendant's evidence. The suit pertains to recovery of subsidy from the plaintiffs on account of transfer of business. Having considered the submissions made at the bar and in the Civil Writ No.6151/2008 State of Raj. vs. Addl.Civil Judge, Bhilwara & Ors. Order dt.27/8/2008 2/2 facts and circumstances of the case, this Court is of the opinion that since part of the statement is recorded by the trial court, a further opportunity could have been granted and other relevant witnesses may also be permitted to be produced before the court. In the facts and circumstances of the case, this petition is allowed. The impugned orders are set aside and learned trial court is directed to permit the defendant witnesses to be examined by the Court subject to payment of cost of Rs.1000/- (DR.VINEET KOTHARI), J. item no.11 baweja/-