[2025:RJ-JP:20] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19148/2024 Buddhi Prakash Sharma S/o Late Shri Kalyan Prasad Sharma, Aged About 83 Years, R/o House No. 444, Bandri Ka Nasik, Gangapole, Jaipur Rajasthan. ----Petitioner Versus 1. Nagar Nigam, Jaipur, Through Mayor, Office Situated At Lalkothi, Jaipur. 2. Ramswaroop Rojdi, Administrator, Mitra Grah Nirman Sahakari Samiti Ltd., Regd. No. L/603, Police Station Karni Vihar, Jaipur. 3. Bahadur Singh Baliya S/o Shri Mohanlal Baliya, R/o Plot No. 8, Behind Chambal Power House, Near Police Station Sodala, Jaipur. 4. Ramlal S/o Shri Ramdesh, R/o Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Mohd. Anees For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 02/01/2025 This Civil Writ Petition has been filed by the petitioner/plaintiff (for short ‘the plaintiff’) against the order dated 23.10.2024 passed by the Additional Civil Judge No.4, Jaipur Metro-I (for short ‘the trial court’) in Civil Suit No.129/2023 whereby the trial court dismissed the plaintiff’s application for granting an opportunity to cross-examine the witnesses/lead evidence. Learned counsel for the plaintiff submits that the plaintiff filed a suit for permanent injunction against the respondents- defendants (for short ‘the defendants’) in which the plaintiff could [2025:RJ-JP:20] (2 of 2) [CW-19148/2024] not appear before the trial court on 11.09.2018 at 2.45 PM and thereafter. Resultantly, the trial Court closed the plaintiff’s opportunity to cross-examine the witnesses/lead evidence. The plaintiff filed an application for granting an opportunity to cross- examine the witnesses/lead evidence but the trial Court dismissed the same vide order dated 23.10.2024. So, the order dated 23.10.2024 passed by the trial court be set aside and one opportunity be given to the plaintiff to cross-examine the witnesses/lead evidence. I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned order. Taking into consideration the facts and circumstances of the case and in the interest of justice, I deem it just and proper to grant one opportunity to the plaintiff to cross-examine the witnesses/lead evidence on payment of cost of Rs. 20,000/-. Accordingly, petition filed by the plaintiff is allowed. The order dated 23.10.2024 passed by the trial Court is set-aside. The trial Court is directed to grant only one opportunity to the plaintiff to cross-examine the witnesses/lead evidence subject to payment of cost of Rs. 20,000/- by the plaintiff to the defendants on or before next date of hearing, failing which no opportunity shall be granted by the trial Court to the plaintiff for cross-examination of witnesses/lead evidence. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Ritu/7