- (1.) The present writ petition has been filed by the petitioner-plaintiff under Article 227 of the Constitution of India, challenging the order dated 15/07/2010 passed by the Additional District Judge No.5, Jaipur City, Jaipur (hereinafter referred to as 'the Trial Court') in Civil Suit No.418 of 2008 (276 of 2005), whereby the Trial Court has not permitted the petitioner-plaintiff to examine the further witnesses on behalf of the plaintiff.
(2.) It is sought to be submitted by the learned senior counsel Mr. J.P. Goyal for the petitioner-plaintiff that the petitioner had closed the evidence, as the Trial Court vide the order dated 12th March, 2010 had closed the right of the respondent-defendant to cross-examine the witnesses of the plaintiff, however, by virtue of ex-parte ad-interim order passed by the High Court dated 20/04/2010, the respondent No.1-defendant was permitted to cross-examine the witnesses of the plaintiff. According to the learned counsel for the petitioner, the petitioner was required to lead further evidence in view of the said order passed by the High Court, which has been wrongly denied by the Trial Court.
(3.) However, the learned counsel Mr. N.K. Joshi for the respondent No.1 submits that the petitioner having closed his evidence, he could not be permitted to re-open the same.;