[2025:RJ-JP:51394] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15764/2025 Sawai Singh Son Of Jagannath Singh, Aged About 96 Years, Resident Of Titarwada Kala, Tehsil Dausa, District Dausa (Rajasthan). ----Defendant/Petitioner Versus 1. Moolchand Son Of Chandaram, Aged About 65 Years, Resident Of Rambas, Tehsil And District Dausa. 2. Lohdiram Son Of Harji, Aged About 45 Years, Resident Of Rambas, Tehsil And District Dausa. 3. Maheshchand Son Of Nawalkishor, Aged About 32 Years, Resident Of Rambas, Tehsil And District Dausa. 4. Banshi Son Of Rampratap, Aged About 53 Years, Resident Of Rambas, Tehsil And District Dausa. 5. Bhaggu, Aged About 33 Years, Son Of Moolchand 6. Shrichand, Aged About 60 Years, Son Of Bhourilal 7. Kalya, Aged About 55 Years, Son Of Narayan 8. Parsadi, Aged About 45 Years, Son Of Gopal 9. Jagdish Son Of Mangalram, Aged About 60 Years, (Deceased) 9/1. Satyanarayan, Son Of Jagdish 9/2. Mukesh, Son Of Jagdish 9/3. Manoj, Son Of Jagdish 9/4. Arjun, Son Of Jagdish 9/5. Vikram, Son Of Jagdish 9/6. Smt. Chhaji Devi Wife Of Jagdish, Respondents No. 5 To 9 Are Resident Of Rambas, Tehsil And District Dausa. 10. Prabhatilal Son Of Ramsahay, Aged About 60 Years, Resident Of Titarwada Kala, Tehsil Dausa, District Dausa. 11. Radheyshyam Son Of Kanhaiyalal, Aged About 65 Years, Resident Of Titarwada Kala, Tehsil Dausa, District Dausa. 12. Chhotelal Son Of Bhagwan Sahay, Aged About 35 Years, Resident Of Titarwada Kala, Tehsil Dausa, District Dausa. 13. Kaluram Son Of Kanhaiyalal, Aged About 35 Years, Resident Of Titarwada Kala, Tehsil Dausa, District Dausa. ....Plaintiff/respondents 14. State Of Rajasthan Through District Collector, Dausa. 15. The Tehsildar, Tehsil Dausa. 16. Gram Panchayat Titarwada Kala, Through Its Sarpanch Gram Panchayat Titarwada Kala, Panchayat Samiti Dausa. 17. Jaswant Singh Son Of Babusingh, Aged About 35 Years, Resident Of Titarwada Kala, Tehsil Dausa, District Dausa. [2025:RJ-JP:51394] (2 of 3) [CW-15764/2025] 18. Darbar Singh Son Of Babusingh, Aged About 28 Years, Resident Of Titarwada Kala, Tehsil Dausa, District Dausa. 19. Marudhara Gramin Bank Through Branch Manager, Branch Kundal, Tehsil And District Dausa. 20 SBBJ (At Present SBI) Bank, Through Branch Manager, Branch Dausa. ----Defendants/ Performa-Respondents For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 19/12/2025 1. The present writ petition has been filed against the order dated 28.08.2025, passed by the Senior Civil Judge No. 2, Dausa, District- Dausa, in Civil Suit No. 74/2022, whereby, the learned trial court closed the evidence of defendant-petitioner. 2. Learned counsel appearing for the defendant-petitioner submits that the impugned order dated 28.08.2025 is arbitrary in nature and, if allowed to stand, would result in grave miscarriage of justice to the defendant-petitioner. It is further submitted that after the examination of the defendant-petitioner’s witness, namely Bahadur Singh as DW-1, on the subsequent date fixed for evidence, defendant himself, could not present himself before the court due to unavoidable circumstances. However, the learned trial court, without granting any further opportunity, proceeded to close the evidence of the defendant. He, therefore, prays that the order dated 28.08.2025 may be quashed and set aside, and that defendant–petitioner herein be granted one last opportunity to lead his evidence. [2025:RJ-JP:51394] (3 of 3) [CW-15764/2025] 2. Considering the same and upon perusal of the material available on record, this Court deems it appropriate to grant one last opportunity to the defendant-petitioner to produce his evidence. The said opportunity shall be available to him on the next date of hearing before the learned Trial Court, subject to payment of costs of ₹10,000/- to the plaintiffs-respondents. 3. If the plaintiffs-respondents are aggrieved by this order in any manner, they may approach this Court by filing an application for recall. 4. It is made clear that no further opportunity shall be granted to the defendant-petitioner. 5. With the above observations, the present civil writ petition stands disposed of. 6. All pending application(s), if any, stand disposed of. (BIPIN GUPTA),J Sudha/03