- (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition has been filed by the petitioner-plaintiff under Article 227 of the Constitution of India against the impugned order dated 08.11.2011 passed by learned District Jodhpur, Jodhpur in Civil Misc. Petition No.27A/2001- Laxmi Devi Vs. Santosh, whereby the learned court below in the proceedings under Section 372 of the Indian Succession Act, 1925, has closed the plaintiff's evidence as sufficient opportunity was already given to the petitioner-plaintiff to lead evidence. The respondent-defendant, Santosh Devi, is wife of deceased Surja Ram and the petitioner Lakshmi Devi is the mother of deceased Surja Ram and both are in court below for succession claims.
(3.) HAVING heard the learned counsels for the rival parties, and in view of reasons given in the impugned order, this Court is of the opinion that in the interest of justice, one last opportunity to the petitioner-plaintiff deserves to be given for leading and completing her evidence in the said proceedings in one go, subject to payment of cost of Rs.2000/- (Rupees Two Thousand only) to the respondent- defendant for delay caused in the proceedings on this account.;