SIRAJUR RAHMAN Vs. RAJU ALIAS RAJENDRA

JUDGEMENT

(1.) AT request of learned counsel for both the parties, arguments were heard in the writ petition and the same is being disposed of finally.

(2.) PLAINTIFF-PETITIONER preferred this writ petition challenging the impugned order dated 12th November, 2008 passed by Civil Judge (Junior Division), Atru, District Baran, whereby the plaintiff's evidence has been closed.

(3.) LEARNED counsel for petitioner contended that affidavits of PW-1, PW-2 and PW-3 were filed on 26th August, 2008; thereafter the case was fixed on 20th September, 2008 and on that date, as per order of the High Court, Lok adalat was conducted, therefore, case was fixed for plaintiff's evidence on 12. 11. 2008. PW-1 and PW-2 both were cross-examined by the defendants; the plaintiff prayed for some more time to produce remaining evidence which was denied and the plaintiff's evidence was closed on that date; being aggrieved with the same, the present petition has been preferred by him. Learned counsel for petitioner contended that there was no delay on the part of the petitioner and in the interest of justice one last opportunity may be granted to him to produce remaining witness on payment of costs failing which the rights of the petitioner will be prejudiced.