HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3604/2025 Gopal Swaroop Saxena S/o Late Shri Harendra Swaroop Saxena, Aged About 66 Years, R/o Plot No. 317, Ganesh Path, Ram Nagar, Sodala, Jaipur - 302019 ----Petitioner Versus Keshav Saxena S/o Late Shri Harendra Swaroop Saxena, Aged About 56 Years, R/o Plot No. 317, Ganesh Path, Ram Nagar, Sodala, Jaipur, Presently Residing At Shri Govardhan Heights, Muhana Mandir Road, Near Iskcon Temple, Mansrovar Extension, Jaipur - 302029 ----Respondent For Petitioner(s) : Mr. Saurabh Jain, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 01/04/2025 This Civil Writ Petition has been filed by the petitioner - defendant against the order dated 07.02.2025 passed by Additional Senior Civil Judge No.2, Jaipur District, Jaipur in Civil Suit No.71/2016, whereby the application filed by the defendant under Section 151 CPC for reopening the opportunity to cross- examine the respondent-plaintiff (for short ‘the plaintiff’) has been dismissed. The defendant has also challenged order dated 28.01.2025, whereby the defendant’s opportunity to cross- examine the plaintiff was closed. Learned counsel for the defendant submits that the plaintiff filed a civil suit against the defendant. Due to unavoidable reason, defendant could not cross-examine the plaintiff. Resultantly, the trial Court closed the defendant’s opportunity to cross-examine (2 of 2) [CW-3604/2025] the plaintiff vide order dated 28.01.2025. Defendant filed an application under Section 151 CPC to re-open the opportunity to cross-examine the plaintiff but the trial court arbitrarily dismissed the same vide its order dated 07.02.2025. So, in the interest of justice, the orders dated 07.02.2025 and 28.01.2025 passed by the trial court be set-aside and one more opportunity may be given to the defendant for cross-examining the plaintiff. I have considered the arguments advanced by learned counsel for the defendant and perused the impugned orders. It is an admitted position that trial court closed the defendant’s opportunity to cross-examine the plaintiff. So, in the interest of justice, I deem it just and proper to grant an opportunity to the defendant to cross-examine the plaintiff subject to payment of cost of Rs. 25,000/- to the plaintiff on or before the next date of hearing. Accordingly, petition filed by the defendant is allowed. The orders dated 28.01.2025 & 07.02.2025 passed by the trial Court are set-aside. The trial court is directed to grant only an opportunity to the defendant to cross-examine the plaintiff, subject to payment of cost of Rs.25,000/- 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 cross-examine the plaintiff. (NARENDRA SINGH DHADDHA),J Gourav/18