HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Writ Petition No. 20979 / 2017

1. Smt. Indra Kumari Wife of Shri Balwant Nath Singh Since

Deceased Through Her Legal Representative :

2. Smt. Kalpana Kumari Daughter of Late Smt. Indra Kumari and

Wife of Shri Ratan Singh Rathore, Aged About 65 Years, Resident

of Hotel Satya Mahal, Mysore House, Jacob Road, Civil Lines,

Ajmer Road, Jaipur. Also At : 193, Surya Apartments, Flat No.

501, Saket Nagar, Indore-452018 (Madhya Pradesh)

----Petitioners

Versus

1. Brijendra Singh Son of (Late) Shri Rajendra Singh, Resident of

Hotel Satya Mahal, Mysore House, Jacob Road, Civil Lines, Ajmer

Road, Jaipur.

2. Varun Singh Son of (Late) Smt. Vandana Kumari, Resident of

93, Bangala Sahib Marg, New Delhi

3. M/s Mukesh Tent & Electricals, 304, Ramganj Bazar, Jaipur

Through Its Proprietor

----Respondents

Connected With

S.B. Civil Writ Petition No. 24412 / 2017

1. Smt. Indra Kumari Wife of Shri Balwant Nath Singh Since

Deceased Through Her Legal Representative:

2. Varun Singh Grandson of Late Smt. Indra Kumari and Son of

Late Smt. Vandana Kumari Divorcee, Aged About 33 Years,

Resident of 93, Bangla Sahib Marg, New Delhi.

----Petitioners

Versus

1. Brijendra Singh Son of (late) Shri Rajendra Singh, Resident of

Hotel Satya Mahal, Mysore House, Jacob Road, Civil Lines, Ajmer

Road, Jaipur.

2. Smt. Kalpana Kumari Daughter of Late Smt. Indra Kumari and

Wife of Shri Ratan Singh Rathore, Aged About 65 Years, Resident

of Hotel Satya Mahal, Mysore House, Jacob Road, Civil Lines,

Ajmer Road, Jaipur. Also At: 193 Surya Apartments, Flat No. 501,

Saket Nagar, Indore-452018 (madhya Pradesh)

3. M/s Mukesh Tent & Electricals, 304, Ramganj Bazar, Jaipur

Through Its Proprietor.

(2 of 4)

[CW-20979/2017]

----Respondents

_____________________________________________________

For Petitioner(s) : Mr. Alankar Khanna

Mr. Varun Chopra

For Respondent(s) : Mr. B.L.Agarwal

_____________________________________________________

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

14/02/2018

Both the writ petitions challenge the order dated

6.11.2017 passed by the Additional District Judge & Sessions

Judge No. 18, Jaipur Metropolitan, Jaipur whereby he has closed

evidence of the plaintiff no.1 as well as plaintiff no.2. As regards

plaintiff no.1, learned counsel for the petitioner submits that

plaintiff resides out of India and affidavit on his behalf has been

filed by the counsel on that date and time was sought for

exemption of his personal presence.

As regards the plaintiff no.2, he submits that the plaintiff had

gone out of Jaipur for attending marriage for which an application

was moved by her seeking time. It is pointed out that on the same

date the respondent defendants had filed an application under

Order 8 Rule 1(A)(3) for bringing documents on record for the

purpose of cross examination of the plaintiff witness. The learned

Additional District Judge has fallen in error in closing the evidence

of the petitioner and placing the matter for defence evidence and

in passing over application under Order 8 Rule 1(A)(3) for the

(3 of 4)

[CW-20979/2017]

next date. He has further pointed out that on the next date the

evidence of the defendant was also closed and application under

Order 8 Rule 1(A)(3) was also rejected by the learned Additional

District & Sessions Judge No.18, Jaipur Metro