IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.496 of 2007 Md. Mahfooz, son of late Md. Majibuddin, resident of village Mirzapur, -Bardeh, P.O. Dariapur, P.S. Moffasil Munger, District Munger. …Defendant no.2-Petitioner versus 1. Md. Azimuddin, son of late Abdul Gafoor, resident of village Mirzapur Bardeh, P.O. Dariapur, P.S. Mufassil Munger, District Munger. …Plaintiff-Opposite Ist party. 2. Bibi Hasmun Busa, widow of late Md. Mojibuddin 3. Md. Atiullah, son of late Md. Mojibuddin 4. Md. Motiur Rahman, son of late Md. Mojibuddin, All residents of village Mirzapur Bardeh, P.O. Dariapur, P.S. Moffasil Munger, District Munger. …Derfendants Ist Party-Opp. Parties. 5. Md. Mohisin, son of late Abdul Gafoor, resident of village Mirzapur Bardeh, P.O. Dariapur, P.S. Moffasil Munger, District Munger. 6. Bibi Samina Khatoon, widow of late Md. Mojibuddin 7. Bachana 8. Pappu 9. Abdul Rahman Sons of late Md. Mojibuddin 10. Jahana 11. Guria 12. Noor Jahan Daughters of late Md. Mojibuddin All residents of Peerpainti, P.O. Peerpainti, P.S. Peerpainti, District Bhagalpur. …Defendants 2nd party-Opposite 3rd Party. ----- For the Petitioner : Mr. Naresh Kumar Sinha, Advocate For Opp. Party no.1 : Miss Sushmita Mishra and Mr. Surya Narayan Sah, Advocates. For remaining Opp. Parties : None ----- 03/ 01.09.2009 Heard learned counsel for the petitioner and learned counsel for opposite party no.1. 2. This civil revision has been filed by defendant- petitioner challenging order dated 11.12.2006, by which learned Subordinate Judge-I, Munger rejected his petition for recall of order 2 dated 02.11.2006 and for allowing him to mark a deed of will of 1973 as an exhibit in Title Suit No. 147 of 1998. 3. The aforesaid suit was filed by plaintiff-opposite party no.1 for partition of his share in the suit property as well as for other ancillary reliefs. In the said suit, the defendants appeared and contested, whereafter issues were framed and evidence started. 4. On 16.02.2005 the plaintiff’s evidence was completed and closed, whereafter 10.03.2005 was fixed for evidence of the defendants, but they failed to produce any witness and hence on 01.04.2005 cost was levied and subsequently two witnesses were produced and examined on behalf of the defendants, whereafter again long adjournments were taken without the defendants producing any evidence inspite of cost awarded to them and finally on 04.09.2006 last chance was given to them to produce their evidence. 5. Even on 25.09.2005 defendants did not produce any evidence and on 02.11.2006 they did not even appear in the court and, accordingly, their evidence was closed. Only after the said order, an application was filed for recall of the said order dated 02.11.2006 and also for allowing them to mark a will of 1973 as an exhibit. The said application has been rejected by the learned court below vide order dated 11.12.2006, which is under challenge in the instant civil revision. 6. Considering the averments made by learned counsel for the petitioner and the materials on record including the 3 impugned order, it is quite apparent that the application for marking a will of 1973 as an exhibit has been filed after eight years of the filing of the suit in the year 1998 when the evidence had been closed and the suit was running for arguments. It also transpires from the said application of defendants (Annexure 1) that there is absolutely no explanation why no step was taken for such a long time for filing the said document and application. Furthermore, when the evidence of the parties have already been closed much earlier and the suit is running for arguments, the order of the learned court below appears to be justified. 7. This Court does not find any illegality or jurisdictional error in the impugned order of the learned court below. Accordingly, this civil revision is dismissed. However, the defendant-petitioner, if he so desires, may take steps for admitting the aforesaid will of 1973 as an additional evidence in the appeal if filed against the final judgment and decree of the trial court. MPS/ ( S. N. Hussain, J. )