- (1.) Since both the aforesaid writ petitions have arisen out of one order dated 3rd April, 1999, passed by the learned Additional Civil Judge (Jr.Div.), No.1, Jaipur District, Jaipur, both the writ petitions have been heard together and are being disposed of by this common order.
(2.) The petitioner-defendant Rajasthan State Industrial Development & Investment Corporation Ltd. Jaipur (hereinafter referred in short as 'RIICO'), has beseeched to quash and set aside the order dated 3rd April, 1999, whereby the learned Additional Civil Judge closed the evidence of the petitioner-defendant and dismissed his application filed under Order 13 Rule 2 of CPC and gainsaid to take the documents on record.
(3.) In this case, plaintiffs-respondents nos. 1 and 2 are found to have filed a suit for declaration and injunction against the petitioner-defendant 'RIICO' on 23rd July, 1998. During the pendency of the suit, after closure of plaintiffs' evidence on 10th July, 1998, the case was, for the first time fixed for defendant's evidence on 24th July, 1998. The petitioner-defendant was afforded ample opportunity to produce the witnesses, but he failed to do so. Resultantly, the learned trial court closed the defendant's evidence and adjourned the case for hearing final arguments. On 29th January, 1999, the petitioner-defendant filed an application imploring the court to re-open the defendant's evidence and filed another application under Order 13 Rule 2 of CPC praying to take the documents on record. The learned trial court dismissed the defendant's prayer. Aggrieved with the said order dated 29th January, 1999, the petitioner-defendant has invoked extra-ordinary jurisdiction under Article 227 of the Constitution by way of filing the instant writ petition.;