HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5597/2021 Trilok S/o Surajbhan, Aged About 52 Years, Resident Of Neemrana, Tehsil Behror, District Alwar (Rajasthan). ----Petitioner Versus 1. Om Prakash S/o Ghasiram, Resident Of Neemrana, Tehsil Behror, District Alwar (Raj.) 2. Matadeen S/o Surajbhan, Resident Of Neemrana, Tehsil Behror, District Alwar (Raj.) 3. Parmanand S/o Surajbhan, Resident Of Neemrana, Tehsil Behror, District Alwar (Raj.) 4. Rajesh S/o Surajbhan, All Resident Of Neemrana, Tehsil Behror, District Alwar (Rajasthan). ----Respondents For Petitioner(s) : Mr. Gaurav Gupta, Adv. For Respondent(s) : Mr. Prakash Jha, Adv. Mr. Mohit Goyal, Adv. on behalf of Mr. Ashwin Garg, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 10/01/2025 This Civil Writ Petition has been filed by the petitioner- defendant(for short ‘the defendant’) against the order dated 25.02.2021 passed by the Senior Civil Judge No.1, Behror, District Alwar (for short “the trial court”), whereby the trial court closed the defendant’s opportunity to adduce the evidence. Learned counsel for the defendant submits that the plaintiff filed a civil suit for cancellation of the patta dated 22.09.1960 and permanent injunction against the defendant in which the defendant could not appear before the trial cour on account of his (2 of 3) [CW-5597/2021] illness. Resultantly, the trial Court closed the defendant’s opportunity to adduce the evidence. Learned counsel for the defendant also submits that absence of the defendant for adducing the evidence before the trial court was bona fide. So, in the interest of justice, the order dated 25.02.2021 passed by the trial court be set-aside and one more opportunity may be given to the defendant for adducing the evidence before the trial court. Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendant and submitted that ample opportunities were given to the defendant for adducing the evidence before the trial court but the defendant had not appeared before the trial court. So, the trial court vide order dated 25.02.2021 rightly closed the defendant’s opportunity for adducing the evidence. I have considered the arguments advanced by learned counsel for the defendant as well as learned counsel for the plaintiff. It is an admitted position that due to illness of the defendant, he could not appear before the trial court. So, his evidence was not recorded and trial court closed the defendant’s opportunity to adduce the evidence. So, in the interest of justice, I deem it just and proper to grant an opportunity to the defendant to adduce the evidence before the trial court subject to payment of cost of Rs. 5,000/- by the defendant. Accordingly, petition filed by the defendant is allowed. The order dated 25.02.2021 passed by the trial Court is set-aside. The trial court is directed to grant only an opportunity to the defendant to adduce the evidence before the trial court, subject to payment (3 of 3) [CW-5597/2021] of cost of Rs.5,000/- by the defendant to the plaintiff on or before next date of hearing, failing which no opportunity shall be granted by the trial Court to the defendant to adduce the evidence. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/282