Narendra Kumar Jain, J. - (1.) ADMIT .
(2.) AT the request of the Learned Counsel for both the parties, the final arguments in the case were heard. The respondent No. 1 - Jamna Ram filed an election petition before the Election Tribunal - cum - Civil Judge (Senior Division), Shree Madhopur challenging the election of petitioner - Kalyan Mal who was elected on the post of Sarpanch. The matter was fixed for non applicant's (petitioner herein) evidence on 25th April, 2008. The statement of NAW 13 Gopi Ram and NAW 14 Cheetar Mal were recorded. The petitioner moved an application that he wants to examine other witnesses also but his evidence was closed and case was fixed for final arguments. Being aggrieved with the same, the present writ petition has been preferred.
(3.) THE Learned Counsel for the petitioner contended that on 25th April, 2008 two witnesses were examined on his behalf and he wanted to examine some more witnesses and for that purpose he moved an application in writing also that his other witnesses could not appear due to their illness, therefore, some reasonable time may be granted to examine them. The trial court committed an illegality in rejecting the application and closing the evidence, therefore, impugned order be set aside and he may be given one last chance to examine his witnesses. It is also contended that so far as delay of proceedings is concerned, the plaintiff can be compensated by way of awarding cost.;