IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1435 of 2006 GOVIND LALL @ PANKAJ KUMAR & ANOR Versus SRI ARUN KUMAR LAL & ORS ----------- 3. 21.11.2008 Heard Mr. Nand Kishore Prasad Sinha, learned counsel for the defendant- petitioners and Mr. Sanjiv Kumar Singh, learned counsel for the plaintiff- opposite parties. This Court would not find any jurisdictional error in the impugned order, inasmuch as if the situation so demanded and the court found it necessary to direct for availing electricity and water connection by the plaintiff- opposite party that can hardly be a jurisdictional error so as to be interfered by this Court under section 115 C.P.C. This Court would however find that in the suit in hand, the parties are only pressing interlocutory matters and only they have been taken up till date and decided by the court below. This Court is also informed that apart from the injunction matter which had been adjudicated earlier, some other interlocutory matter has also traveled to Apex Court. Thus a plain and simple 2 partition suit has been remained pending for the last twenty years. In view of the fact that both the parties are before this Court and have showed their anxiety for disposal of the suit itself, this Court would dispose of this civil revision application with the following directions: (i) From four weeks from today the court will pass an order taking into account the stand of the parties as to which party has to lead evidence. In other words if the court finds that in the suit of partition the defendants have taken a plea of previous partition they will be called upon to lead their evidence first. The party being directed to lead evidence first by the court would complete their evidence within a period of three months from the date of such order and in the event it fails to do so it will be precluded from leading any further evidence. (ii) As soon as the evidence of the first party will be closed, the evidence of other side would start and the same also must be completed in the period of fixed 3 three months. Here also the same restriction will apply that in case the same is not completed in three months the said party will not be allowed any further indulgence in this matter. (iii) Upon conclusion of evidence of the other side the arguments will be taken up and the same will be concluded within a period of two months from the date of closure of evidence. (iv) The judgment will be delivered within one month of closure of argument. (v) Any deviation in the aforementioned direction by any of the party shall be taken to be disobedience of the order of this Court. This civil revision application is, accordingly, disposed of with the aforementioned observations and directions. (Mihir Kumar Jha,J.) Surendra/