IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1014 of 2008 BHAGWAN DAS MAHTO, SON OF LATE RAM KHELAWAN MAHTO, RESIDENT OF MOHALLA PRATAPPUR, P.S. KHAJEKALA (MEHDIGANJ), DISTRICT – PATNA -------- PLAINTIFF/PETITIONER Versus 1. BHAGERA MAHTO , SON OF LATE CHAMRU MAHTO 2. NIRAJ MAHTO 3. SINTOO KUMAR BOTH SONS OF BHAGERA MAHTO ALL RESIDENT OF MOHALLA MAHESHPUR, P.S. KHAJEKALAN, AT PRESENT MEHDIGANJ, P.S. PATNA CITY, DISTRICT – PATNA. -------DEFENDANTS/OPPOSITE PARTIES. ----------- For the petitioner : Mr. Shyam Bihari Prasad, Adv. Mr. Pramod Kumar Bhartiya,Adv. For the opposite parties : Mr. Raj Krishna Jha, Adv. --------- 7. 28/2/2009 Learned counsel for the petitioner is permitted to make necessary correction in paragraph No. 1 of this application as the Civil Revision has been filed only for challenging the order dated 15.4.2008 passed by the Munsif, Patna City, in Title Suit No. 15 of 2005. Heard Mr. Shyam Bihari Prasad, learned counsel for the petitioner and Mr. Raj Kishore Jha, learned counsel for the opposite parties. Plaintiff-petitioner is aggrieved by the order dated 15.4.2008 passed by the Munsif, Patna City, whereby the defendant’s witness No. 1 namely Bhagera Mahto was examined by the court below and discharged as nobody appeared on behalf of the plaintiff to cross- examine him. Learned counsel for the petitioner submits that for the reasons mentioned in this application, the defendant could not remain present on the fixed date. Affidavit has been filed on behalf of the opposite parties on 26.2.2009 wherein it has been categorically stated that the opposite parties do not have objection if the defendant’s witness No. 1 is allowed to be cross-examined subject to payment of cost and further on the condition that the petitioner is ready for expeditious disposal of the suit. In view of the above, without going into the merit of this application, this order is being passed. The plaintiff-petitioner is allowed to cross-examine defendant’s witness No. 1 namely, Bhagera Mahto subject to payment of cost of Rs. 2,000/- to be paid to the defendants. The trial court, on receipt or production of a certified copy of this order, shall immediately fix a date for the aforesaid purposes and the plaintiff-petitioner shall positively cross-examine the defendant’s witness No. 1 on the fixed date failing which this order granting such opportunity to him shall automatically stand recalled. Learned counsel for the petitioner undertakes that the petitioner will fully co-operate in the expeditious disposal of the trial and he will not make any prayer for adjournment in the case. The trial court is directed to take every step for expeditious disposal of the suit preferably within six months from the date of receipt/production of this order. It shall not grant any adjournment to either of the parties save and except on the ground which it deems fit and proper in the interest of justice. With the aforesaid observations, this Civil Revision stands disposed of. S.Ali (Dr. Ravi Ranjan, J.)