[2025:RJ-JP:37815] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14022/2025 1. Asha Kumar Wife Of Shri Jyoti Prakash Kumar, R/o 580, Kriplani Marg, Adarsh Nagar, Jaipur. 2. Meena Sapra Wife Of Shri Chandra Prakash Sapra, R/o C- 23, Rajapark, Jaipur. 3. Renu Arora Wife Of Shri Kishangopal Arora, R/o 521, Scheme No. 2, Lajpat Nagar, Alwar. ----Petitioners-Defendants Versus 1. Harish Kumar Arora S/o Late Shri Chetandas Arora, R/o 200, Fronteir Colony, Adarsh Nagar, Jaipur. 2. Satish Kumar Arora S/o Late Shri Chetandas Arora, R/o 747, Ashok Chowk, Adarsh Nagar, Jaipur. 1/1. Bhushan Arora, S/o Late Shri Satish Kumar Arora 1/2. Smt. Kanta Arora, W/o Late Shri Satish Kumar Arora 1/3. Smt. Ritu Khurana, W/o Ashish 1/4. Smt. Geetu Bhatia W/o Shri Hemant Bhatia, Resident Of 747, Ashok Chowk, Adarsh Nagar, Jaipur. ----Respondents-Plaintiff For Petitioner(s) : Dr. T.N. Sharma For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 16/09/2025 1. This writ petition has been filed by the petitioners- defendants under Article 227 of the Constitution of India with a challenge to order dated 20.08.2025, passed by the Court of learned District & Sessions Judge, Jaipur District Jaipur (hereinafter is to be referred to as ‘the learned Trial Court’) in Civil Suit No.179/2018, whereby the opportunity to the petitioners- [2025:RJ-JP:37815] (2 of 3) [CW-14022/2025] defendants was closed for cross-examining the respondents- plaintiffs. 2. Heard. 3. Considered. 4. As per the facts on record when the case was listed before the learned Trial Court on 20.08.2025, the respondent- plaintiff- Bhushan Arora was present in the Court and the learned counsel for the petitioners (defendants No.2 to 4) was asked to cross-examine the plaintiff witness then he is said to have stated that let the counsel for the defendant No.1-Harish Kumar Arora cross-examine the plaintiff witness first and, thereafter, he will cross-examine. The Court when asked the learned counsel for the defendant No.1-Harish Kumar Arora to cross-examine the respondent-plaintiff- Bhushan Arora, he also stated that first the counsel for the defendant Nos.2 to 4 may cross-examine. Again when the learned counsel for the petitioners- (defendant No.2 to 4) was asked to cross-examine the respondent-plaintiff- Bhushan Arora, he repeated the same thing that first the defendant No.1 may cross-examine the plaintiff witness and thereafter, the opportunity to cross-examine the respondent-plaintiff- Bhushan Arora was closed for the petitioners (defendants No.2 to 4). Though, the defendant No.1 was allowed to cross-examine the respondent-plaintiff- Bhushan Arora. 5. When the issue was in between the counsels for the defendant No.1 and the defendant Nos.2 to 4 that who will cross- examine the plaintiff-witness first, in that situation when both the counsels were of the view that first the other one should cross- [2025:RJ-JP:37815] (3 of 3) [CW-14022/2025] examine the plaintiff witness, in that situation, the learned Trial Court, if was of the opinion to close the opportunity to cross- examine the plaintiff-witness, then it should have closed the opportunity of cross-examining the plaintiff witness for both the counsels, but the learned Trial Court closed the opportunity of only for defendant Nos.2 to 4, however, thereafter, the counsel for the defendant No.1 proceeded to cross-examine the plaintiff witness. 6. Taking into consideration the aforesaid facts, the Court is of the opinion that once the learned counsel for the defendant No.1 has proceeded for cross-examination of the plaintiff witness, the learned Trial Court should have allowed the learned counsel for the defendant Nos.2 to 4 to cross-examine the plaintiff witness thereafter, as it was only prayed by him. 7. In view of the aforesaid facts, the Court in the interest of justice deems just and proper to allow one opportunity to the petitioners (defendant Nos.2 to4) to cross-examine the plaintiff witness- Bhushan Arora. 8. Accordingly, the present writ petition is disposed of with the direction to the learned Trial Court to allow one opportunity to the petitioners (defendants Nos.2 to 4) to cross-examine the plaintiff witness Bhushan Arora on payment of cost of Rs.1000/- to be paid to the plaintiff witness Bhushan Arora on the date of his cross-examination. (GANESH RAM MEENA),J ARTI SHARMA /45