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Judgment
Gopal Krishan Vyas
Heard learned counsel for the parties. In this writ petition, petitioner has prayed for quashing the order dated 02.05.2012 whereby, the application filed by the petitioner u/s 151 CPC filed in Civil Suit No. 410/10 was rejected and further it is prayed that Additional District Judge (FT) No. 2 Metropolitan Jodhpur may be directed to defer/adjourn the suit till disposal of Special Leave to Appeal No. 9299/12 pending before the Hon''ble Supreme Court.
Learned counsel for the respondent submits that trial court is proceeding in the matter due to directions issued by this Court in S.B. Civil Misc. Appeal No. 2061/2011 decided on 19.12.2011 and against that order, petitioner has already preferred Special Leave to Appeal before Hon''ble Supreme Court which is pending and if petitioner is making prayer for staying of proceedings, then he is required to avail remedy before the Supreme Court because trial court is proceeding in matter in compliance of orders of this Court in S.B. Civil Misc. Appeal No. 2061/11, therefore, the prayer of petitioner deserves to be rejected.
After hearing learned counsel for the parties, I have perused the order impugned. In the impugned, the court has proceeded to pass an order to close the opportunity to lead evidence of the petitioner plaintiff while observing in the order that ample opportunities have already been granted. I am in full agreement with the contention of the petitioner that reasonable opportunity to lead evidence is required to be given by the trial court.
In view of above, this writ petition is disposed of with direction to learned trial court to allow the petitioner plaintiff to produce his evidence on next date of hearing and after recording evidence of the petitioner plaintiff, the defendant will be at liberty to fife an application for granting opportunity to lead his evidence in defence because earlier, he has not adduced any evidence because opportunity to lead evidence to petitioner plaintiff was closed. The other part of the prayer with regard to deferring the matter till disposal of Special Leave to appeal, learned counsel for the petitioner does not want to press the same. With these observations, the writ petition is disposed of.