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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

O R D E R

S.B. Civil Writ Petition No.9510/2007

S.B. Civil Misc. Stay Application No.

1042/2007

(Smt. Bhagirathi Devi Versus The Civil Judge &

Others)

Date of Order

::

5^th September, 2011

HON'BLE MR. JUSTICE MAHESH BHAGWATI

Mr. Prahlad Sharma, Counsel for the petitioner

Mr. Ved Pal Shastri, Counsel for the

respondents

BY THE COURT:

Challenge in this writ petition is to

the order dated 31^st October, 2007, whereby the

learned Civil Judge (Jr. Division), Chirawa

closed the evidence of the petitioner-

plaintiff.

Heard learned counsel for the parties

and carefully perused the relevant material on

record.

Learned counsel for the petitioner

canvassed that the petitioner-plaintiff was an

old lady of the age of 96 years and

handicapped, so she could not appear in the

court and in her absence, the learned trial

court arbitrarily closed her evidence. The

examination of the plaintiff-petitioner and her

witnesses is essential for the just decision of

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the suit, hence the impugned order may be set-

aside and the plaintiff-petitioner may be

allowed to lead he