IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1380 of 2008 RAVI BHUSHAN TIWARI Versus THE STATE OF BIHAR & ANR ----------- 3 08.09.2008 Heard counsel for the parties. The impugned order seeks to close the evidence of the defendant petitioner on the ground that he did not comply the order of the Court dated 24.02.2008 by which he was directed to pay cost for not producing his witnesses. Counsel for the petitioner is not in a position to say as to from which date the defendant, petitioner had started leading his evidence. It appears from the reading of the impugned order that the defendant petitioner has been purposely delaying disposal of the suit. This Court however, after taking into consideration that the prayer made by the defendant petitioner in the application dated 13.05.2008 was only with regard to recall of his witness namely Ravi Bhushan Prasad Tiwary for proving the deed of gift of the year 1979, in the interest of justice, would allow the petitioner to do so, provided that he would pay a cost of Rs.3, 000/- within a period of one month to the plaintiff. In the event such cost is deposited by the petitioner, the court below will only grant him permission to recall his own witness Ravi Bhushan Prasad Tiwary and after his examination will close the evidence of the petitioner. Thereafter the court below would proceed to hear the argument and deliver the judgment. The suit must be disposed of within a period of three months from the date of receipt/production of a copy of this order taking into account that it is a suit of the year 1980 and now is at the verge of completing three decades in the Court below itself. This application is accordingly dismissed with the aforementioned observation/direction. Kundan (Mihir Kumar Jha, J.)