JUDGMENT Heard. 2. The petitioner has filed this petition being aggrieved by the order dated 15-1-2013 by which the right to adduce evidence of the petitioner who is the defendant in the Civil Suit No. 102-A/2011 pending before the IInd Civil Judge, Class II, Katni, has been closed. 3. The learned Counsel appearing for the petitioner submits that due to non-availability of the Counsel engaged by the petitioner and as the petitioner was in the process of engaging a new Counsel, he could not adduce the evidence, which has resulted in passing of the impugned order. It is submitted that the petitioner was prevented from leading evidence on account of unavoidable circumstances and therefore, the impugned order be set aside and the petitioner be permitted to adduce his evidence. 4. The learned Counsel appearing for the respondent vehemently opposed the prayer submitting that in spite of being given several opportunities, the petitioner failed to adduce the evidence and therefore, the impugned order does not suffer from any infirmity calling interference by this Court. 5. Having heard the learned Counsel for the parties and looking to the fact that the petitioner could not adduce evidence on account of the fact that he had disengaged his earlier Counsel and was in the process of engaging a new Counsel, therefore, keeping in view the interest of justice, the petitioner deserves to be given one last opportunity to adduce evidence. 6. In the circumstances, the impugned order dated 15-1-2013 is set aside and the petitioner by way of last opportunity is permitted to adduce evidence and keep his witnesses present on the next date, which has been fixed by the Court below subject to payment of cost of Rs. 2500/-, which on deposit shall be paid to respondent-Suraj Prasad Shrivastava. With the aforesaid direction, the petition filed by the petitioner stands allowed.