IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.113 of 2011 Jawahar Chaudhary, son of late Indrasan Chaudhary, resident of village Bhopatpur, Post Office Balthari, Police Station Kuchaikote, District Gopalganj. . . . . . Petitioner. Versus 1. Adalat Sah, son of late Nageshwar Sah. 2. Tuna Sah, son of late Ram Sakal Sah. Residents of village- Bhopatpur, Post Office Baldhari, Police Station Kuchaikote, District Gopalganj. . . . . . . Respondent 1st set. 3. Mostt. Maracho Devi, wife of late Gena Chaudhary. 4. Mostt. Chana Devi, wife of late Fulena Chaudhary. 5. Mostt. Subhamati Devi, wife of late Ram Sakal Sah. All are resident of village- Bhopatpur, Post Office Balthari, Police Station Kuchaikote, District Gopalganj. . . . . Respondent IInd set. ----------- 3/ 23.06.2011 Heard learned counsel for the parties. The petitioner has challenged the impugned order dated 18.09.2010 passed in T.S. No. 405 of 2006, whereby the learned trial court rejected the application dated 17.08.2010 of the petitioner to call for the concerned register from the Government office. The learned Sub-Judge-IIIrd stated that earlier opportunity was granted to the petitioner for getting the register from the concerned office by issuance of Dasti summon. It further appears that despite issuance of Dasti summon the register in question was not got from the concerned office. On 07.05.2009 the evidence of the defendants was closed. After 15 months of the closure of the evidence, the defendant nos. 1 to 3 again filed an application praying therein for calling the register from the concerned office. The defendants did not make any grievance against the closure of the evidence. It appears that at the time of closure of the evidence, the defendants could have filed a petition against the closure of 2 evidence and insisted for calling for the concerned record. It further appears that after 15 months of closure of evidence the defendants have filed a petition for calling the concerned register. There is latches on the part of the defendants. In this view of the matter, this application is dismissed. Uday/ (Samarendra Pratap Singh, J.)