Manak Chand vs Madhu Ram
2022 Latest Caselaw 10959 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11592/2022

Manak Chand S/o Lal Chand, Aged About 51 Years, R/o Hospital Road, Makrana, District Nagaur.

----Petitioner Versus Madhu Ram S/o Dayal Ram, By Caste Mali, R/o Makrana, District Nagaur.

                                                                    ----Respondent


For Petitioner(s)           :    Mr. Bhawani Singh
For Respondent(s)           :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

26/08/2022

Heard learned counsel for the petitioner.

Learned counsel for the petitioner submits that the

examination in chief of the petitioner-defendant has already been

completed and because of the non-appearance of the petitioner on

the date fixed by the learned trial court, he could not be cross-

examined by the plaintiff-respondent. Learned counsel for the

petitioner further submits that because of the bonafide reasons,

the petitioner could not appear before the learned trial court on

the date fixed.

Issue notice, returnable on 22.09.2022. Issue notice of the

stay application also. Notices be given 'dasti' as well.

It is ordered that the petitioner-defendant shall remain

present before the trial court on 27.09.2022 for cross-examination

by the plaintiff-respondents and he shall be examined/cross-

examined provide he pays a cost of Rs. 3000/-.

                                                                             (2 of 2)                 [CW-11592/2022]



                                         In    case,   if   the      cost       is     not      accepted   by   the

respondent/counsel for the respondent and they want to contest

the present writ petition, the further proceedings in original suit

No. 9/15 shall remain stayed.

It is further made clear that in case the petitioner does not

pay the cost as directed hereinabove or does not keep himself

present for cross-examination, no further opportunity shall be

granted to him.

(VINIT KUMAR MATHUR),J 458-Praveen/-

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