Judgment Rajendra Menon, J:- Challenging the order dated 19.3.2013 passed by learned District Judge, Jabalpur in Civil Suit No.9- A/2011, whereby prayer of petitioner for summoning an officer from the office of Junior Engineer, Madhya Pradesh Poorva Kshetra Vidyut Vitran Co. Ltd. for proving certain documents, which have been received by the petitioner under Right to Information Act, have been closed, petitioner has filed this writ petition. Petitioner is plaintiff and has filed suit in question for possession and mandatory injunction. It seems that an application was filed in the pending suit on 7.8.2012 under Order 16 Rule 1 of CPC for summoning of a witness mainly on the ground that for the property in question electricity connection have been given in the name of one Smt. Meera Kshatriya, to prove the document in this regard prayer made was to summon the witness. 2. Even though the court permitted to do so, but on the ground that petitioner did not pay process fee in time and was delaying the matter, the impugned action was taken and right of summoning the witness have been closed. Dr. Smt. Ansuya Paraste Vs. Lal Chand Kshatriya & Ors. 3. Having heard learned counsel for the parties and on perusal of documents and material available on record, I am of the considered view that in the interest of justice one more opportunity should be granted to the petitioner to avail the opportunity of summoning the witness, as non-production of this witness may cause adverse and consequence effect to the right of petitioner. 4. Keeping in view the aforesaid without entering into controversy on merits the following directions are issued : (1) That on petitioner's filing a certified copy of this order along with necessary process fee and other requisite as admitted under law for summoning of witness before the learned District Judge on 3.2.2014, the learned District Judge shall proceed in the matter in accordance with law and after getting the witness summoned and examined, proceed with the matter. (2) However, if the petitioner commits any default in the matter of submission of process fee or complying with any requirement of law for summoning the witness, the learned District Judge shall be free to proceed in the matter without granting any further time. (3) That apart, right of petitioner to summon the witness as directed by this Court shall be Dr. Smt. Ansuya Paraste Vs. (3) That apart, right of petitioner to summon the witness as directed by this Court shall be Dr. Smt. Ansuya Paraste Vs. Lal Chand Kshatriya & Ors. subject to petitioner's paying the cost of Rs.2,000/- to the respondents. (4) The cost amount shall be paid on 3.2.2014 which shall be a pre-condition for depositing the process fee and summoning the witness. With the aforesaid, the petition stands allowed and disposed of. Certified copy as per rules.