HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 17005/2022

Javed Akhtar S/o Sultan Parvez, Aged About 44 Years, Resident

Of 18/50, Eidgah Colony, Sanganer, Jaipur (At Present Resident

Of 35, Ganesh Vihar, Gali No. 1, Ramsinghpura, Sanganer,

Jaipur (Raj.)

----Petitioner

Versus

1.

Kanhaiya Lal, (Now Deceased)

1/1.

Santosh S/o Late Kanhaiyal Lal, R/o Kanhaiya Hair

Dresser, Malpura Gate Bahar, Sanganer, Jaipur (Raj.)

1/2.

Chetan S/o Late Kanhaiya Lal, R/o Kanhaiya Hair Dresser,

Malpura Gate Bahar, Sanganer, Jaipur (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Tanveer Ahamad

For Respondent(s)

:

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

29/11/2022

This writ petition filed by the petitioner under Article 227 of

Constitution of India against the order dated 19.09.2022 passed

by learned Civil Judge No.17, Jaipur Metropolitan-1st Headquarter

Sanganer, civil Suit No.34/2000, whereby the application has been

dismissed for permitting evidence of the plaintiff.

Learned counsel for the petitioner submits that the

petitioner is plaintiff and due to unavoidable reason, petitioner

could not adduce the evidence before the trial court. So, in the

interest of justice, one chance be given to petitioner for adducing

the evidence on cost.

(2 of 2)

[CW-17005/2022]

I have considered the arguments advanced by learned

counsel for the petitioner and perused the impugned order.

In the interest of justice, I have considered it a fit case to

allow the petition filed by the petitioner on cost.

Hence, the present petition is allowed on the cost of

Rs.5,000/- and trial court is directed to give one more chance to

the petitioner for adducing the evidence.

(NARENDRA SINGH DHADDHA),J

Seema/46