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2000 DIGILAW 760 (RAJ)

Nathdwara Tample Board v. Raman Lal

2000-07-04

N.P.GUPTA

body2000
JUDGMENT 1. - Heard learned counsel for the parties.By the impugned order the learned trial Court has closed the plaintiff's evidence. 2. The learned counsel for the petitioner submits that it was on account of the counsel engaged by the petitioner being busy in marriage of his daughters that despite the witness being present in the Court his statements were not recorded and the evidence has been closed. In such circumstances, I think it proper to give one more opportunity to the petitioner to produce all his witnesses. 3. Since in the past also the petitioner has already been given number of opportunities, therefore, this opportunity is required to be given on costs which is assessed at Rs. 1,000/-. 4. Consequently, the revision petition is allowed. The impugned order is set aside. The petitioner shall be entitled to lead his evidence provided-he produces all such witnesses whom he wants to examine before the learned trial Court on the next date of hearing which is already fixed before the learned trial Court, on this date the learned trial Court shall record the statement of all those witnesses, if for any reason of the Court the statements are not recorded, the Court should bind down those witnesses to appear on the next date of hearing for recording their statements. This opportunity shall be further subject to the condition of the petitioner paying a cost of Rs. 1,000/- to the non-petitioners. It is made clear that the petitioner shall not be entitled to examine any witness who is not produced by him before the learned trial Court on the next date of hearing as ordered above.Revision Allowed. *******