Writ petition challenging an order closing petitioner's evidence. Court observed evidence was led and costs deposited. Impugned order quashed, admission of evidence granted.
Impugned order dated 05.10.2017 quashed; order dated 20.02.2018 made absolute enabling evidence consideration.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2612/2018
Legal Representatives of Late Mangilal:
All by Caste- Modi (Ghanchi), R/o Bhinmal, Tehsil Bhinmal, District- Jalore (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sravan Saini For Respondent(s) : -
JUSTICE DINESH MEHTA
Order
10/07/2019
By way of the present writ petition, the petitioners have challenged the order dated 05.10.2017, whereby the Court below has closed their evidence.
This Court, while issuing notices on 20.02.2018, has permitted the petitioners to lead his evidence on the next date of hearing, subject to the condition of depositing cost of Rs.11,000/-.
Learned counsel for the petitioners informs that the petitioners have led their evidence and the respondents have
(2 of 2)
[CW-2612/2018]
cross-examined the petitioner and have also accepted the cost of Rs.11,000/-, without any demur or protest.
In view of this, the order dated 20.02.2018, passed by this Court is made absolute. The impugned order dated 05.10.2017 is quashed and set aside. Needless to observe that the evidence led by the petitioner shall be considered for the adjudication of the suit.
The writ petition stands disposed of in above terms. The Stay Petition No.2683/2018 also stands disposed of.
(DINESH MEHTA),J
42-Ramesh/-
1 issue framed by the court
Whether the order closing the petitioner's evidence in the underlying suit should be set aside.
Legal Representatives of Late Mangilal
Bharat Kumar S/o Shri Lalaji
Jagdish Kumar S/o Shri Lalaji
Kanaram S/o Shri Lalaji
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
