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Rajasthan High Court - Jodhpur
Smt. Bhajan Kaur vs Lakhveer Singh (2026:Rj-Jd:11540) on 10 March, 2026
[2026:RJ-JD:11540]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1677/2026
Smt. Bhajan Kaur D/o Shri Ujjagar Singh, W/o Gurpdeep Singh,
Aged About 66 Years, R/o Chak 14, O, Presently Residing At
Aabad Chak-1-V, Tehsil Srikaranpur, District Sriganganagar
(Raj.).
----Petitioner
Versus
Lakhveer Singh S/o Shri Bhajan Singh @ Harbhajan Singh, R/o
Chak 14, O, Tehsil Srikaranpur, District Sriganganagar (Raj.).
----Respondent
For Petitioner(s) : Mr. Rohitash Singh Rathore
For Respondent(s) : Mr. Pankaj Gupta
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
10/03/2026
1. The present writ petition has been filed by the petitioner
challenging the order dated 10.12.2025 passed by the Senior Civil
Judge, Sri Karanpur, District Sri Ganganagar in Civil Original Suit
No. 39/2018, whereby the opportunity granted to the petitioner-
defendant to produce all her witnesses, has been closed.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioner submits that earlier the
petitioner had filed Writ Petition No. 11216/2024 before this Court
challenging the order dated 27.03.2024, whereby the petitioner-
defendant had sought a last opportunity to lead evidence.
4. It is further submitted that this Court, after considering the
prayer made by the petitioner, disposed of the said writ petition
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vide order dated 25.07.2024, granting a final opportunity to the
petitioner-defendant to produce all her witnesses on the next date
fixed before the trial Court.
5. The relevant portion of the order dated 25.07.2024 reads as
under:
"4. In this view of the matter, the writ petition is disposed of
with a direction to the petitioner-defendant to produce all her
witnesses on the next date fixed i.e. 14.08.2024. It is made clear
that no further opportunity would be granted to the defendant to
lead her evidence. If all the witnesses are kept present on the
next date fixed, the learned trial Court shall proceed to record
their evidence and shall be at liberty to proceed with the matter
and grant time for cross-examination to the plaintiff in
accordance with law."
6. Learned counsel for the petitioner submits that while passing
the aforesaid order, this Court inadvertently mentioned the next
date as 14.08.2024, whereas, actual next date fixed before the
trial Court was 17.08.2024. Nevertheless, in compliance with the
order passed by this Court, the petitioner appeared before the
learned trial Court on 14.08.2024.
7. It is further submitted that on the said date the petitioner
was examined as DW-1. However, one of the material witnesses,
namely Anil Kumar Gupta, Handwriting Expert, could not appear
before the trial Court as he had been summoned by another Court
through a warrant on the same date.
8. The aforesaid fact was brought to the notice of the learned
trial Court on 14.08.2024, and a request was made for granting
further time to examine the said witness. The matter was
thereafter adjourned and the next date was fixed as 31.08.2024.
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9. Learned counsel for the petitioner further submits that on
31.08.2024, the witness Anil Kumar Gupta (Handwriting Expert)
was present before the trial Court. However, owing to the
objection raised by the respondent-plaintiff and the pendency of
the application filed by him seeking closure of the defendant's
evidence, the said witness could not be examined.
10. It is submitted that the matter thereafter remained pending
before the trial Court on several dates, and ultimately the learned
trial Court, by the impugned order dated 10.12.2025, closed the
opportunity of the petitioner-defendant to lead evidence on the
ground that this Court had already granted a final opportunity vide
order dated 25.07.2024.
11. Learned counsel for the petitioner submits that the petitioner
had bona fidely complied with the order passed by this Court and
had appeared as a witness on 14.08.2024. The non-appearance of
the handwriting expert on that date was due to unavoidable
circumstances beyond the control of the petitioner.
12. It is further submitted that Anil Kumar Gupta, being a
handwriting expert, is a material witness in the present case and
his examination is essential for proper adjudication of the dispute.
Therefore, considering the peculiar facts and circumstances of the
case, one final opportunity may be granted to the petitioner to
examine the said witness.
13. Per contra, learned counsel appearing for the respondent
submits that this Court had already granted a last opportunity to
the petitioner to produce all her witnesses and had categorically
directed that no further opportunity would be granted. Despite
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such liberty, the petitioner failed to examine the witness, and
therefore the trial Court has rightly closed the evidence of the
petitioner.
14. It is also contended that the petitioner is attempting to
unnecessarily prolong the proceedings pending before the learned
trial Court and, therefore, no further indulgence deserves to be
granted.
15. I have considered the rival submissions made by the learned
counsel for the parties and perused the material available on
record.
16. It appears that from the material available on record, that
while granting the last opportunity vide order dated 25.07.2024,
next date fixed before the trial Court was mentioned as
14.08.2024, whereas, actual date fixed by the trial Court was
17.08.2024. It further appears that the petitioner, in compliance
with the directions of this Court, appeared before the learned trial
Court on 14.08.2024 and was examined as DW-1. However, the
witness Anil Kumar Gupta (Handwriting Expert) could not appear
on the said date as he was stated to be summoned to appear
before another Court.
17. Considering the peculiar facts and circumstances of the case,
this Court is of the opinion that in the interest of justice, one final
opportunity deserves to be granted to the petitioner to produce
and examine the witness Anil Kumar Gupta (Handwriting Expert)
before the learned trial Court on the next date fixed i.e.
13.03.2026, failing which the trial Court shall be at liberty to
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proceed with the matter in accordance with law without granting
any further opportunity.
18. With the aforesaid observations, the present writ petition
stands disposed of.
19. Stay petition as well as all pending applications, if any, shall
also stand disposed of.
(MUKESH RAJPUROHIT),J
30-AbhishekS/-
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