IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11464 of 2010 MADHUKAR PURI S/O LATE BISHWANATH PURI R/O VILL.- SAMHAUTA, P.S.- KOPA, DISTT.- SARAN…………………………………………PETITIONER VERSUS 1. BIHAR HINDU RELIGIOUS TRUST BOARD, CHINA KOTHI, P.S.- KOTWALI, DISTT.- PATNA THROUGH ITS SECRETARY. 2. INDRA DEVI W/O LATE BISHWANATH PURI 3. PUSHKAR PURI, S/O LATE BISHWANATH PURI RESPONDENT NOS.2 AND 3 ARE RESIDENT OF VILLAGE SAMHAUTA, P.S. KOPA, DISTRICT SARAN. 4. VEENA DEVI W/O SRI RATAN KUMAR JHA, R/O VILL.- BANGAON, P.O.- BANGAON, P.S.- BANGAON, DISTT.- SAHARSA 5. VANDANA DEVI W/O SRI BIRENDRA KUMAR JHA, R/O VILL.- LAGMA, P.O.- LAGMA, P.S.- SONBARSA, DISTT.- SAHARSA 6. ARCHANA DEVI W/O SRI ANANT KUMAR MISHRA, R/O VILL.- AMDANDA, P.O.- AMDANDA, P.S.- AMDANDA, DISTT.- BHAGALPUR…………………………RESPONDENTS For the petitioner : Mr. Harshvardhan Shivsundaram, Advocate. For respondent no.1 : Mr. Ambuj Nayan Chaubey, Advocate. ----------- 02/ 25.08.2010 Heard learned counsel for the petitioner and learned counsel for respondent no.1 (Bihar Hindu Religious Trust Board). This writ petition has been filed by the plaintiff-petitioner challenging order dated 12.04.2010 by which Subordinate Judge-I, Saran rejected his petition under section 151 of the Code of Civil Procedure for his examination as plaintiff witness in Title Suit No.158 of 1965. The aforesaid suit was filed by Bishwanath Puri who died and the plaintiff was substituted in his place much prior to 1987. Thereafter the evidence of both the parties were led and even the evidence of defendant was closed on 05.04.2010 and the suit is pending for final arguments. In the said circumstances, the substituted 2 plaintiff-petitioner has filed the said petition for being permitted to depose as a witness in this case. The court below very carefully considered the matter and found that full opportunities were awarded to all the parties including the plaintiff to produce their respective evidence and hence it would not be proper to re-open the entire case which is pending since 1965 i.e. 45 years. This court does not find any illegality in the impugned order of the court below nor does it find any merit in this writ petition, which is accordingly dismissed. However, the trial court is directed to dispose of the aforesaid suit expeditiously preferably within three months from the date of receipt/production of a copy of this order without giving any undue adjournment to any of the parties. Harish (S.N.Hussain, J.)