RAJAN JIRIWAL Vs. CIVIL JUDGE, ALWAR

JUDGEMENT

(1.) Aggrieved by the order dated 20.08.2009, this writ petition has been filed.

(2.) It is stated that a suit for possession and injunction was filed by the respondents. The evidence was led by the plaintiff/respondents. However, for one or the other reason, the petitioners could not cross-examine the witnesses of the respondents. On a particular date, when counsel for petitioners was not present, not only ex-parte proceedings were drawn, but chance of cross-examination of the witnesses was closed. The petitioners, thereafter, moved two applications; one application for setting aside the ex-parte proceedings and second application for allowing them to cross-examine the witnesses. So far as first application to set aside the ex-parte proceedings is concerned, it was allowed, but the application to get chance for cross-examination of the witnesses was, however, dismissed. Aggrieved by this order, this writ petition has been filed.

(3.) Learned counsel for petitioners submits that the petitioners will take only one chance to cross-examination all the witnesses, if any date is fixed by the Court and otherwise they are ready to pay the reasonable cost as fixed by the Court. Thus, in the interest of justice, one more chance may he granted to the petitioner to cross-examine the witnesses.