[2025:RJ-JP:19989] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6806/2025 Smt. Sushila Devi W/o Late Shri Girdhari Lal Tak, Aged About 73 Years, Resident Of Plot No. 35, Shankar Nagar, Saini Marg, Harnathpura, Kalwad Road, Jhotwara, Jaipur (Rajasthan) ----Petitioner Versus 1. Anil Tak S/o Late Shri Girdhari Lal Tak, Aged About 53 Years, Resident Of Plot No. 35, Shankar Nagar, Saini Marg, Harnathpura, Kalwad Road, Jhotwara, Jaipur (Rajasthan) 2. Smt. Komal D/o Late Shri Girdhari Lal Tak W/o Shri Manish Tak, R/o Plot No. Brijmandal Colony, Near 200 Feet Bye-Pass, Jaipur. 3. Smt. Savita D/o Late Shri Girdhari Lal Tak W/o Shri Suresh Tak, R/o Plot No. 74, Krishna Nagar, Mangori Walon Ki Bagichi, Jawahar Singh Gate, Jaipur. ----Respondents For Petitioner(s) : Mr. Anoop Agarwal HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 13/05/2025 1. The present civil writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 28.03.2025 passed by the Court of learned Additional District & Sessions Judge No.2, Jaipur District, Jaipur, in Civil Suit No.331/2018 (577/2015), whereby the application filed under Section 151 C.P.C. for opening the opportunity of evidence has been dismissed. 2. Learned counsel for the petitioner submits that the present petitioner is an old lady aged about 73 years and due to her ill health, she could not be appeared before the learned Trial Court [2025:RJ-JP:19989] (2 of 3) [CW-6806/2025] for her evidence and ultimately, her evidence was closed on 18.01.2025. Learned counsel further submits that the learned Trial Court, without considering the facts & circumstances, dismissed the aforesaid application filed under Section 151 C.P.C. Therefore, in view of the submissions made herein-above, the present writ petition may be allowed and the impugned order dated 28.03.2025 be quashed & set aside. 3. Heard learned counsel for the petitioner & gone through the impugned order dated 28.03.2025 and the other material available on record. 4. Perusal of the impugned order dated 28.03.2025 reveals that the evidence of the plaintiff was closed on 08.03.2019 and the evidences of defendants was closed on 23.09.2019. Thereafter, on 03.03.2021, the learned Trial Court re-opened the evidence of the defendants while disposing off their application. Even after almost four years had elapsed from 03.03.2021 to 18.01.2025, the defendants were not able to complete their evidence. Ultimately, the learned Trial Court closed their evidence on 18.01.2025. Despite the defendants being given sufficient time by the learned Trial Court, they had not completed their evidence and the learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order dated 28.03.2025. 5. Hence, there is no scope for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India. [2025:RJ-JP:19989] (3 of 3) [CW-6806/2025] 6. Consequently, the present writ petition is dismissed. 7. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /13