Patna High Court CWJC No.19802 of 2010 (3) dt.26-04-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19802 of 2010 ====================================================== 1. Pramod Kumar S/O Late Vidya Nand Sah R/O Mohalla- Bishwanathganj (Khagaria), P.O., P.S. & Distt.- Khagaria 2. Girdhani Kumar S/O Late Vidya Nand Sah R/O Mohalla- Bishwanathganj (Khagaria), P.O., P.S. & Distt.- Khagaria 3. Shobha Kumari D/O Late Vidya Nand Sah R/O Mohalla- Bishwanathganj (Khagaria), P.O., P.S. & Distt.- Khagaria 4. Sudha Kumari D/O Late Vidya Nand Sah R/O Mohalla- Bishwanathganj (Khagaria), P.O., P.S. & Distt.- Khagaria .... .... Petitioner/s Versus 1. Raj Kumar Gupta S/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 2. Rajendra Prasad Gupta S/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 3. Gopal Kumar Gupta S/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 4. Subhash Kumar Gupta S/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 5. Kartik Lal Sah S/O Late Ramautar Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 6. Smt. Sarda Devi D/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 7. Smt. Nirmala Devi D/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 8. Smt. Shanti Devi D/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria 9. Smt. Manju Devi D/O Kartik Lal Sah R/O Mohalla- Babuaganj, Khagaria, Pargana Khagaria, P.S. & Distt.- Khagaria .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dronacharya, Advocate For the Respondent/s : M/s Sheel Bhadra Jha, Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 26-04-2012 The petitioners who are defendants in T.S. No.06/90 have moved this court against order dated 19.6.2010 passed by the Additional Munsif, Khagaria whereby their evidence has been Patna High Court CWJC No.19802 of 2010 (3) dt.26-04-2012 2 closed. The petitioners have also prayed for setting aside the order dated 21.8.2010 passed in the same proceeding whereby their application for recalling the order dated 19.6.2010 has been rejected. The facts of the case as well as the grounds on which the order has been challenged is mentioned in detail in order dated 20.3.2012 and as such the same is being quoted hereinbelow which would form part of this order: “The petitioners are aggrieved by order dated 19.6.2010 passed by the Additional Munsif, Khagaria in Title Suit No.06/1990 and order dated 21.8.2010 by which the petition to recall the earlier order was rejected. The petitioners are defendants in Title Suit No.06/1990 filed by the respondents for declaration of title and ejectment of the defendants from the suit premises. The petitioners submit that the suit was filed in the year 1990 and the issues were framed in the year 1994. The plaintiffs examined their first witness on 29.5.1995 and completed their evidence only on 26.3.2008. The defendants have filed list of witness on 21.4.2008 and since 30.4.2008 examined 18 witnesses. On 15.5.2010 the petitioners filed a petition for time since they could not examine one of their important witnesses on account of fracture of his back bone. The trial court granted adjournment till 4.6.2010 on which date the petitioners examined another witness 19.6.2010 was fixed as the date for examination of next witness. The petitioners again filed medical prescription on 19.6.2010 which was not taken into consideration and his evidence was closed. The petitioners filed a petition on 17.7.2010 for recall but the same was rejected on the ground that they have been given sufficient time to produce their evidence. The petitioners submit that if an opportunity is given to them, they will complete their evidence within Patna High Court CWJC No.19802 of 2010 (3) dt.26-04-2012 3 six weeks. Issue notice to respondent nos.1 to 9 under ordinary process, requisites for which must be filed within ten days, failing which this application shall stand rejected without further reference to a Bench. The petitioners would also file another set of requisites within the same time for service of notice upon learned counsel for respondent nos.1 to 9. In case the petitioners affect service of notice upon learned counsel for respondent nos.1 to 9, they would file an affidavit showing service of notice upon learned counsel for respondent nos.1 to 9. Put up this case on service of notice within top ten cases. In the meanwhile, further proceedings in Title Suit No.06/1990 pending in the court of Additional Munsif, Khagaria, shall remain stayed”. It appears that the petitioners have taken ground that he could not produce the witness as he was suffering from backache. Counsel for the plaintiff-respondent submits that by this time the witnesses must have recovered. Already much time have passed since passing of the impugned order closing the evidence of the defendants. The court cannot wait endlessly to enable a party to produce witness. The defendants ought to have produced their witnesses within a reasonable time. Considering the facts and circumstances of the case, I am inclined to grant one opportunity to the defendants-petitioners to produce all their witnesses in the court below within six weeks Patna High Court CWJC No.19802 of 2010 (3) dt.26-04-2012 4 from the date of receipt/production of a copy of this order. It would be open for the Court to give short dates in order to enable the defendants to adduce all their witnesses within the aforesaid period. If the defendants could not produce witnesses within the aforesaid period, the evidence of the defendants would stand closed as the suit is of the year 1990. With the aforesaid observations and directions, this writ application stands disposed of. Let a copy of this order be communicated to the court below through fax at the cost of the petitioner to be deposited by 30.4.2012. KHAN/- (Samarendra Pratap Singh, J)