Hathi Singh vs Bheraram
2022 Latest Caselaw 14034 Raj

Citation : 2022 Latest Caselaw 14034 Raj
Judgement Date : 29 November, 2022

Rajasthan High Court - Jodhpur

Hathi Singh vs Bheraram on 29 November, 2022

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 14359/2022

Hathi Singh S/o Kishan Singh, Aged About 23 Years, R/o Village Belwakhatriya, Tehsil Balesar, District Jodhpur, Rajasthan.

----Petitioner Versus Bheraram S/o Chhagnaram, R/o Village Belwakhatriya, Tehsil Balesar, District Jodhpur, Rajasthan.

-----Respondent AND S.B. Civil Writ Petition No. 18140/2022

Hathi Singh S/o Kishan Singh, Aged About 23 Years, R/o Village Belwakhatriya, Tehsil Balesar, District Jodhpur, Rajasthan.

----Petitioner Versus Bheraram S/o Chhagnaram, R/o Village Belwakhatriya, Tehsil Balesar, District Jodhpur, Rajasthan.

                                                                -----Respondent


For Petitioner(s)        :     Mr. C.S. Kotwani
For Respondent(s)        :     Mr. G.R. Punia, Sr. Advocate assisted
                               by Mr. Rajendra Prasad



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                                Judgment

29/11/2022

These writ petitions have been filed by the petitioner being

aggrieved with the order dated 08.09.2022 (in S.B. Civil Writ

Petition No.14359/2022) and orders dated 12.10.2022 and

13.10.2022 (in S.B. Civil Writ Petition No.18140/2022), passed by

the Senior Civil Judge, Jodhpur District (hereinafter to be referred

as 'the Election Tribunal') in Election Petition No.2/22, whereby

opportunity of the petitioner of cross-examining the witnesses of

(2 of 3) [CW-14359/2022]

the election-petitioner-respondent and submitting defence

evidence of the petitioner is closed.

After attempting to argue the matter on merits for quite

some time, learned counsel for the petitioner has submitted that

in the interest of justice, one last opportunity may be granted to

the petitioner to cross-examine the witnesses of the election-

petitioner-respondent and furnish his defence evidence. Learned

counsel for the petitioner has submitted that for the said

opportunity, the petitioner is ready to pay cost of Rs.50,000/- to

be paid to the election-petitioner-respondent.

Though learned counsel for the respondent has initially

opposed the petitions, however, agreed that the petitioner may be

granted last opportunity to cross-examine the witness of the

election-petitioner-respondent and to furnish his evidence in

defence on cost, as suggested by the petitioner, however, prayed

that time frame may be fixed for the petitioner to cross-examine

the witnesses of the election-petitioner-respondent and to produce

his defence evidence.

In view of the above, I deem it appropriate to dispose of

these writ petitions while granting one last opportunity to the

petitioners to cross-examine the witnesses of the election

petitioner-respondent and to furnish his defence evidence,

provided he pays a cost of Rs.50,000/- to the election-petitioner-

respondent or his counsel.

The trial court is directed to provide opportunity to the

petitioners to cross-examine the witnesses of the election-

petitioner-respondent on 01.12.2022, subject to the condition that

the petitioner will pay cost of Rs.50,000/- to the election-

petitioner-respondent or his counsel before starting cross-

                                                                                (3 of 3)                     [CW-14359/2022]



                                   examination        of   the     witnesses         of     the        election-petitioner-

                                   respondent.

                                         The       petitioner    or    his     counsel       may        complete    cross-

examination of the witnesses of the election-petitioner-respondent

on 01.12.2022 itself and, thereafter, shall produce all defence

evidence on 02.12.2022. The election petitioner-respondent may

cross-examine the defence witnesses produced by the petitioner

on 02.12.2022 itself. The election petitioner-respondent is

directed to remain present before the Election Tribunal on

01.12.2022 at 10:00 AM.

It is made clear that if the petitioner fails to pay the cost of

Rs.50,000/- as observed above and if he fails to cross-examine

the witnesses of the election petitioner on 01.12.2022 and if he

fails to produce the defence witnesses on 02.12.2022, no further

opportunity will be granted to the petitioner and the trial court will