IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1736 of 2008 PREM CHANDRA SINGH @ PREM CHAND SINGH Versus PREMA SAH @ PREM SAH & ORS ----------- 2 24.10.2008 Heard Counsel for the petitioner. The Court below is directed to re-consider the matter in view of the fact that if the records were not placed before it, at least the petitioner could not have been held responsible for not producing the witness and/or examining the witness. That being so, the impugned order is set aside and the prayer of the petitioner is allowed. The Court below is directed to recall the witness and afford an opportunity to the petitioner to cross examine such witness. If however when the said witness is produced but is not cross examined by the petitioner, such opportunity will not be renewed and the court below will proceed to conclude the hearing and decide the suit in accordance with law. With the aforesaid observations and directions this Civil Revision Application is allowed to the extent indicated above. Rsh (Mihir Kumar Jha, J.)