IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2155 of 2008 RAMAYAN YADAV & ANR Versus SMT. DEOKALI DEVI ----------- 2. 6.1.2009 Heard Mr. Ganpati Trivedi, learned counsel for the petitioners. In the opinion of this Court the plaintiff petitioner had given up an opportunity to depose himself and failed to prove his documents on account of his own default. Normally the petitioner thereafter was not required to be given an indulgence but then realizing that the two documents which he would like to prove would go to the root of the matter, in absence whereof the suit itself will fail, this Court thus taking into consideration the interest of justice would allow the plaintiff to be examined and produce his two documents, as specifically mentioned in paragraph 31 of this application, namely, the deed of gift executed by Lallu Yadav in favour of Shri Krishna Yadav and the deed of cancellation executed by Lallu Yadav canceling the deed of gift dated 2.1.1986 executed in favour of the defendant, on payment of cost of Rs. 2 10,000/- to the sole defendant-opposite party within a period of one month from the date of receipt/ production of a copy of this order. Such evidence must be completed by the petitioner within two months of the receipt/production of a copy of this order and the defendant shall have also a right to lead any further evidence in rebuttal of additional evidence led by the plaintiff- petitioner. The application stands disposed of with the aforementioned observation and direction. (Mihir Kumar Jha,J.) Surendra/