Rajasthan High Court - Jodhpur
Lrs Of Dece. Defe. No.13 Shanker Lal vs Lrs Of Dece. Plaintiff Govind Ram on 2 September, 2008
Author: Vineet Kothari
Bench: Vineet Kothari
S.B.CIVIL WRIT PETITION NO.1992/2008
(L.Rs. Of Shanker Lal vs. L.Rs. Of Govind Ram &Anr.)
DATE OF ORDER : 2/9/2008
HON'BLE DR.JUSTICE VINEET KOTHARI
Mr.G.L.Khatri, for the petitioner.
Mr.N.L.Joshi, for the respondent.
1. Heard learned counsels.
2. This writ petition is directed against the order dated 22/2/2008, whereby, the learned trial court closed the defendant's evidence as the trial court found that defendant had been given more than three occasions to produce the evidence.
3. Learned counsel for the petitioner defendant submits that though for plaintiff's evidence more than 11 years passed by in the trial and after 19/11/2007 the defendant was given only three occasions and on certain occasions his witnesses were present but the evidence could not be taken by the trial court for variety of reasons. This submission is vehemently opposed by the learned counsel for the respondent.
4. However, in the facts and circumstances of the case, this Court is inclined to grant indulgence to petitioner-defendant subject to payment of cost of Rs.1000/-. Learned trial court is requested to allow the defendant to produce his witnesses on one date fixed by it and no further time shall be granted by the trial court for that purpose. The defendant will produce all his witnesses on the next date fixed before the trial court.
5. With these observations, this writ petition is disposed of.
(DR.VINEET KOTHARI), J.
item no.75 baweja/-