JUDGMENT 1. - This writ petition u/Arts. 226 & 227 of the Constitution of India has been filed by the petitioner-defendant against the respondents on 13.1.2004 with the prayer that by appropriate writ, order or direction, the order dated 9.12.2003 (Annex.1) passed by the learned Addl. Civil Judge (SD), No.1 Chittorgarh by which the evidence of the petitioner-defendant was closed, be quashed and set aside. 2. During the course of hearing, Shri C.P. Trivedi, learned counsel appearing for the plaintiff-respondent No. 2 has submitted that he has no of objection if one chance is given to the defendant petitioner to produce evidence. 3. I have heard the learned counsel for the petitioner-defendant and the learned counsel for the respondent No. 2 plaintiff and gone through the entire material available on record. 4. In my considered opinion, looking to the entire facts and circumstances of the case, if the petitioner-defendant is not allowed to produce his evidence, injustice would be done to him and therefore, in the interest of justice, it would be better that one more chance be given to the petitioner defendant to produce evidence in the trial Court. 5. For the reasons stated above, the impugned order dated 9.12.2003 (Annex.1) passed by the learned Addl. Civil Judge (SD), No.1, Chittorgarh 5 cannot be sustained and liable to be quashed and set aside and this writ petition deserves to be allowed.Accordingly, this writ petition filed by the petitioner-defendant is allowed and the impugned order dated 9.12.2003 (Annex.1) passed by the learned Addl. Civil Judge (SD), No. 1, Chittorgarh is quashed and set aside and the petitioner-defendant is directed to produce his evidence on 5.5.2004 and on that day, the learned Addl. Civil Judge (SD) No.1, Chittorgarh shall record the statements of all the witnesses produced by the petitioner-defendant. However, before producing the evidence on 5.5.2004, the petitioner-defendant shall pay a cost of Rs.500/- to the plaintiff-respondent No. 2.Writ Petition Allowed. *******