IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1599 of 2006 RASHO PRASAD SINGH @ RASHO SINGH & ORS Versus MAHENDRA PRASAD SINGH & ORS ----------- 3 12.01.2009 In the opinion of this Court, the court below has not committed any error in rejecting the prayer of the defendants- petitioners for leading evidence which had been closed on 23.6.2006 in view of the undertaking given by the petitioners themselves in their application dated 18.1.2006 that they required to examine only two more witnesses. It is to be noted that in a suit of the year, 1988 the defendants-petitioners were leading evidence from 9.8.2004 and after deposition of as many as 15 witnesses between 9.8.2004 to 5.9.2005 as no further witness was produced by them in next four months, the court below by an order dated 10.1.2006 had closed the evidence. The said order dated 10.1.2006 however was recalled at the instance of the defendants-petitioners who then undertook that they required to adduce evidence of only two more witnesses and that is how their prayer made in the application dated 18.1.2006 was allowed. The defendant-petitioners however again consumed a period of five months in producing only two witnesses and thereafter the Court below in keeping with the earlier indulgence given, had closed their evidence on 23.6.2006 whereafter the petitioners filed an application on 27.6.2006 that they had to examine four more witnesses which was rejected by the impugned order. This Court on examination of materials on record and the - 2 - admitted facts recorded in the impugned order is of the considered opinion that the petitioners had not only sought to resile from their own undertaking given in the application filed by them on 18.1.2006 before the Court below but even otherwise are making repeated attempt to only delay the disposal of the suit. Such attempt having been thwarted by the Court below needs no encouragement muchless any interference by this Court. That being so, there is no jurisdictional error in the impugned order and accordingly, this Civil Revision application is dismissed. Bibhash (Mihir Kumar Jha, J.)