RAM DAYAL Vs. HARI KRISHNA
LAWS(RAJ)-2000-8-66
HIGH COURT OF RAJASTHAN
Decided on August 24,2000

RAM DAYAL Appellant
VERSUS
HARI KRISHNA Respondents

JUDGEMENT

GUPTA, J. - (1.) THE matter comes up for consideration of stay petition. However, with consent of the parties, the matter has been finally heard.
(2.) BY the impugned order, the learned trial court has closed the petitioner's evidence on the ground that earlier three opportunities were given to the petitioner, still he has failed to produce the evidence. Without going into the justification for failure to produce the evidence earlier, in my view, the interest of justice do require that one more opportunity be given to the petitioner for producing all his evidence on one date of hearing subject to payment of costs. Accordingly, the revision petition is allowed. The petitioner is given one more opportunity to produce all his evidence subject to payment of Rs. 2,000/- by way of costs. The learned trial court shall now fix one date of hearing on which the petitioner will bring all his witnesses and the learned trial court shall record their statements on that day. If for any reason of the court, the statements are not recorded on that date, the witnesses present shall be bound down to appear on the next date to be fixed at the earliest by the learned trial court. It is made clear that the petitioner shall not be entitled to examine any such witness who is not produced in the court by himself on the date as fixed by the learned trial court. .;


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