[2025:RJ-JP:39580]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15006/2025 Girish Kumar @ Titu S/o Shri Padam Singh, Aged About 61 Years, R/o Near Church, Mohalla Gopalgarh, Tehsil And District Bharatpur (Raj).

----Petitioner Versus

1. Vijay Kumar S/o Late Shri Badan Singh, Aged About 68 Years, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). Presently Residing At 247/a Railway Colony, Near Gas Godown, Bandikui, District Dausa (Raj).

2. Jaswant Singh @ Monu, S/o Shri Kishan Kumar

3. Govind Singh @ Bablu S/o Shri Padam Singh, All R/o Near Church, Mohalla Gopalgarh, Tehsil And District Bharatpur (Raj).

----Respondents For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

25/09/2025

1. This writ petition has been filed by the defendant petitioner under Article 227 of the Constitution of India with a challenge to order dated 12.09.2025, whereby the application filed by the de-

fendant petitioner for reopening of his evidence was dismissed.

2. Heard and considered the submissions made by counsel for the defendant petitioner and also perused the order-sheets of the suit proceedings.

3. The plaintiffs’ evidence was completed on 05.10.2024 and the defendant petitioner was to adduce his evidence on

18.11.2024.

4. On 18.11.2024, the defendant petitioner sought time and the matter was adjourned for 02.01.2025.

5. On 02.01.2025, the Presiding Officer was on leave and the matter was adjourned for 20.02.2025.

6. On 20.02.2025, the defendant petitioner again sought time for adducing the evidence and the matter was adjourned for

02.04.2025.

7. On 02.04.2025, the defendant petitioner again sought time for adducing the evidence as the son of the defendant petitioner had passed away.

8. On the next date i.e. 29.04.2025, the affidavit of the defen- dant in evidence was submitted and thereafter on 05.07.2025, the opportunity of evidence of the defendant was closed.

9. Thereafter, the defendant petitioner submitted an application for reopening the evidence of the defendant on 18.08.2025 which was dismissed by the Court on 12.09.2025.

10. Taking into consideration the overall facts as stated above and so also in the interest of justice, this Court deems that ends of justice would meet if the defendant petitioner is allowed one more opportunity to submit his evidence.

11. Accordingly, this writ petition is allowed. The trial Court is di- rected to allow one opportunity to the defendant for his evidence subject to payment of cost of Rs.1,000/- to be paid by the defen-

dant on the next date of hearing before the trial Court.

12. On submission of the certified copy of this order, the trial Court shall fix a date for the evidence of the defendant.

13. It is made clear that if the defendant petitioner fails to sub- mit his evidence on the date fixed by the trial Court, no further opportunity shall be allowed to him.

(GANESH RAM MEENA),J Gaurav Srivastava /Satyendra/230