IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1861 of 2008 MD.ABID HUSSAIN Versus MD.NOORUZZAMAN & ORS ----------- 2 12/11/2008 Heard counsel for the petitioner. In the opinion of this Court though default on the part of the petitioner is apparent from the impugned order, but then as the petitioner claims to be ill and being treated at Delhi, the interest of justice would require that he may be allowed to complete his evidence. The petitioner has, in fact, already examined 21 witnesses and therefore he must complete his evidence within a period of one month from the date of receipt/production of a copy of this order subject to payment of cost of Rs. 1,000/- to be paid by the petitioner to the plaintiffs within a period of two weeks from today. In the event petitioner would produce proof of payment of cost, the court below will allow the petitioner to complete his evidence in the aforementioned period and if the petitioner fails to complete leading of evidence in the aforesaid period, such 2 opportunity will never be renewed to him. With the aforementioned observation this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar