IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1484 of 2006 HARI BHAJAN ROY Versus RAM NARESH PANDEY ----------- 3 04.12.2008 Heard counsel for the petitioner. In the opinion of this Court, the slackness on the part of the petitioner is apparent on the face of the record. The Court below has given cogent reasons for not permitting to the petitioner to lead further evidence. Mr. Yogesh Chandra Verma learned Senior Counsel for the petitioner however, would submit that interest of justice would be served better if the defendant-petitioner is allowed to complete their evidence inasmuch as once their written statement was allowed to be amended by the impugned order, it became absolutely necessary for them to complete their evidence which could not be completed earlier in absence of pleadings on record. This Court is definitely impressed with the aforementioned submissions of the counsel for the petitioner to the extent that when certain amendment is permitted to be allowed in written statement, it was only with a view to prove the case of the defendant-petitioner which cannot be achieved without leading evidence. Obviously, therefore, the ends of justice would be served if the defendant- petitioner is allowed to complete their evidence. At the same time, the plaintiffs have been made to suffer due slackness on the part of the petitioner in completion of their case evidence. The plaintiffs have already completed their evidence way back in the year, 2005 - 2 - whereafter it is the petitioner who are holding the forte since September, 2005. For each date of appearance from September, 2005 the plaintiffs have incurred expenditure and therefore, if the petitioners take a plea of injustice the same has to be allowed only by asking the petitioners to compensate the loss of the plaintiff. Considering this aspect of the matter, Mr. Verma, counsel for the petitioner states that the petitioner is ready to pay any reasonable amount of compensation as may be fixed by this Court. This Court, upon considering all the aforementioned submissions, would allow this application and the petitioner is directed to complete his evidence within a period of three months from the date of receipt/production of a copy of this order subject to the condition that he would pay a sum of Rs. 125/- per day for each and every date from September, 2005 till date. The entire amount of cost would be calculated and deposited in the Court by the petitioner within a period of 15 days from the date of receipt of the order whereafter only petitioner will be allowed to complete his evidence, that too in the period as mentioned above. With the aforesaid observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.)