IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2197 of 2008 SARVENDRA OJHA Versus KAMAL AHIR & ANR ----------- 3 28.01.2009 Heard counsel for the petitioner. For the reasons mentioned in the application (I.A. No. 7777 of 2008), the delay in filing of this application is hereby condoned. On merits, it appears that while there would be no explanation for non-examination of the witnesses named in the list, there was scope for confusion with regard to a particular witness, Ram Pravesh Ojha named in the list inasmuch as the plaintiff-petitioner had desired to examine two witnesses, both named as “Ram Pravesh Ojha.” Infact one of the Ram Pravesh Ojha had also been examined by the plaintiff petitioner but the court below refused to accord leave/permission for examining another Ram Pravesh Ojha on the ground that his name was not included in the list of witnesses and the evidence of the plaintiff had already been closed. Such approach of the court below seems to be rather pedantic and mechanical as it can not be said with certainty that Ram Pravesh Ojha who was sought to be examined by this plaintiff-petitioner was actually not named in the list of witnesses. That being so, this Court would give one more indulgence to the plaintiff-petitioner to produce the aforesaid Ram Pravesh Ojha, whom he wanted to examine and whose affidavit by way of examination-in-Chief has already been filed. The petitioner however must produce the said Ram Pravesh Ojha for his cross-examination - 2 - within one month of the date of receipt/production of a copy of this order after depositing a cost of Rs. 2500/- payable to the defendant- opposite parties. It is made clear that if the petitioner fails in depositing the cost of Rs. 2500/- and/or producing Ram Pravesh Ojha for his cross-examination within the aforesaid period, the court below will proceed with the evidence of the defendants and concluded the hearing in the suit without giving any further indulgence to the petitioner. With the aforementioned observations/directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)