BHAGWATI PRASAD JANGID SON OF HANUMANPRASAD JANGID v. RAVISHANKAR ALIAS YAADRAM JANGID SON OF HANUMANPRASAD JANGID
CW/2978/2026 · 2026-02-17
Bipin Gupta
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 16964 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16964 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:7463] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2978/2026 Bhagwati Prasad Jangid Son Of Hanumanprasad Jangid, Aged About 66 Years, Resident Of Ramnagar, Phulera, Tehsil Phulera, District Jaipur, Rajasthan. ----Petitioner Versus Ravishankar Alias Yaadram Jangid Son Of Hanumanprasad Jangid, Aged About 69 Years, Resident Of Phulera, Tehsil Phulera, District Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Ashok Mishra with Ms. Kiran Parihar & Ms. Neelam Pujari For Respondent(s) :
HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 17/02/2026
1. The present writ petition has been filed assailing the order dated 22.01.2026, passed by learned Civil Judge cum Judicial Magistrate, Sambhar Lake, District Jaipur, whereby the plaintiff’s evidence has been closed as he could not appear for cross-examination by the defendant.
2.
Learned counsel for the petitioner contends that he had filed the affidavit on 22.05.2025. Thereafter, the matter was postponed to 31.07.2025. On the said date, the Presiding Officer was on leave, and thus the matter was posted for 01.09.2025. On the said date, the matter was sent for mediation and was posted for
03.10.2025.
3. On 03.10.2025, both the parties informed the Court that no settlement has arrived between the parties and, therefore, they requested for plaintiff's evidence. In view of the same, the matter was posted on 27.11.2025.
[2026:RJ-JP:7463] (2 of 2) [CW-2978/2026]
4. On 27.11.2025, the plaintiff’s witness was not available and, therefore, he was granted an opportunity subject to the payment of costs of Rs.500/- and the matter was posted for 22.01.2026.
5. On 22.01.2026, again the plaintiff’s witness was not available and time was sought, however, the learned Trial Court refused the request.
6.
Learned counsel for petitioner thus submits that one last opportunity be granted to the plaintiff-petitioner to lead his evidence for proper adjudication of the matter.
7. Considered.
8. Taking into consideration the overall facts and circumstances of the case and in interest of justice, this Court deems it appropriate to grant one last opportunity to the plaintiff-petitioner to adduce his evidence, subject to the payment of costs of Rs.25,000/- to the defendant.
9. The learned Trial Court shall permit the plaintiff to produce his entire evidence on one date itself. If the plaintiff does not pays the costs, then this order will not come into effect.
10. However, it is made clear that if the respondent is aggrieved in any manner by this order, then they are entitled to file an application for recalling of this order.
11. With the above observations, the present Civil Writ Petition stands disposed of.
12. Pending application(s), if any, also stand disposed of.
(BIPIN GUPTA),J MAHIMA/4