JUDGMENT 1. - This writ petition is directed against order dated 4.1.10 passed by the Additional Civil Judge (J.D.), Merta City in Civil Suit No. 1/01 (598/74) whereby the rebuttal evidence of the petitioner/plaintiff has been closed. 2. It is to be noticed that on 25.5.09 the matter was fixed for rebuttal evidence, the plaintiff was present but he could not be examined inasmuch as, on the next date the advocates were abstaining from work. On the next date i.e. 15.7.09, for the same reason, the matter was adjourned. Thereafter, on 19.8.09, the matter was adjourned on the request being made on behalf of the defendant no. 1/2 on the ground that some matter is pending before this Court. On 18.9.09, the plaintiff was given an opportunity to produce the rebuttal evidence on payment of cost Rs. 200/- On the next date, again the adjournment was sought on behalf of the defendant no. 1/2, however, the plaintiff was also not present and, therefore, one more opportunity was given to him to produce the rebuttal evidence on cost Rs. 500/- to be deposited in the account of Legal Aid. However, on the next date i.e. 21.11.09, the judicial work remained suspended inasmuch as the advocates abstained from work on the call of Bar Association, accordingly, the matter was adjourned. However, even on the next date i.e. 4.1.10, the plaintiff was not present and. therefore, his right to lead rebuttal evidence was closed. 3. It is true that even after several opportunities being granted, the plaintiff has not cared to appear in rebuttal evidence. But the fact remains that on a few occasions, the matter was adjourned on account of the advocates abstaining from work and twice over the matter was adjourned on the request made on behalf of defendant No. 1/2. 4. It is submitted by the learned counsel for the petitioner that only the plaintiff shall be appearing in rebuttal evidence and no other witness is to be produced. It is submitted that the affidavit of the plaintiff has already been filed and he shall appear before the court for cross examination on the next date fixed. 5. Thus, having regard to the facts and circumstances of the case, in the interest of justice, it is considered appropriate that the plaintiff is granted one more opportunity to lead the rebuttal evidence. 6. Accordingly, the writ petition is allowed. 5. Thus, having regard to the facts and circumstances of the case, in the interest of justice, it is considered appropriate that the plaintiff is granted one more opportunity to lead the rebuttal evidence. 6. Accordingly, the writ petition is allowed. Order impugned passed by the court below closing the plaintiff's right to lead the evidence in rebuttal is set aside. It is directed that if the plaintiff appears before the court below on the next date which is reported to be 13.9.10 by the learned counsel appearing for the petitioner, he may be examined in rebuttal evidence subject to payment of cost Rs. 1,500/- to the defendants.Writ Petition Allowed. *******