IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.764 of 2007 JAI SHANKAR YADAV & ANR Versus MD.MASOOD ALAM & ORS ----------- 2. 22.9.2008 Heard Mr. Ram Kumar Sharma, learned senior counsel for the plaintiff-petitioners. In the opinion of this Court though the petitioners plaintiffs in the suit do not deserve any sympathy of this Court but then the ends of justice would be frustrated if they are stopped from adducing evidence in the mid way. It is not in doubt that the suit of the year 2002 has remained pending at the instance of the petitioner who having started his examination of the witness on 5.12.2005 did not choose to examine himself first as the plaintiff and had produced only five formal witnesses in a span of one year. They also did not take sufficient care for even remaining present in course of day to day proceeding of the suit, as a result whereof their evidence was closed by the order dated 4.12.2006. Thereafter a new lawyer was engaged by them who now came out with a plea for amendment in the plaint itself as also by seeking recall of the order of closing of evidence. All this would go to show that the plaintiffs had deliberately adopted delaying tactics in the protracted course of hearing of the suit and had sufficiently 2 harassed the defendants as also the court by their conduct. Thus considering the aforementioned fact that it is the petitioners who have been single handedly responsible in delaying the disposal of the suit and now seek opportunity to adduce their evidence, this Court would direct them to pay a cost of Rs. 5000/- (five thousand) to the contesting defendants within a period of four weeks from today whereafter only they would be given a fixed period of three months to complete their oral and/or documentary evidence. If the petitioners do not complete their evidence within the aforesaid period of three months from the date of payment of cost, the court below will close the evidence of the petitioners and the defendants direct the defendants to complete their evidence so that the suit itself is to be disposed of as early as possible but not later than one year from the date of receipt/ production of a copy of this order. With the aforementioned observations/directions this application is disposed of. (Mihir Kumar Jha,J.) Surendra/