1. - The petitioner-defendant has filed the present petition under Article 227 of the Constitution of India challenging the order dated 07.09.2012 passed by the Additional District & Sessions Judge No.3, Ajmer (hereinafter referred to as "the trial court) in Civil Suit No.2/10 (120/11), whereby the trial court has closed the right of the petitioner-defendant to cross-examine the PW-1, Shri Radhey Shyam Sharma.

2. It has been sought to be submitted by the learned counsel Mr. Rahul Agarwal appearing for the petitioner that the learned counsel for the petitioner-defendant could not examine the plaintiff on account of genuine difficulties on the part of the concerned counsel and last opportunity be granted in the interest of justice to cross-examine the plaintiff.

3. Learned counsel Mr. Neeraj K. Tiwari appearing for the respondent No.2-plaintiff though has objected to the Gopal Soni v. Additional District & Sessions Judge No.3, Ajmer & Ors. present petition, has submitted that appropriate orders for cost be passed if the impugned order is set-aside.

4. Having regard to the submissions made by learned counsel for the parties and to the impugned order passed by the learned trial