IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2106 of 2008 MOST KABUTARI DEVI & ORS Versus BINOD KUMAR & ORS ----------- 2 19.12.2008 Heard Counsel for the petitioner. For the reasons mentioned in this application (I.A. No. 7413 of 2008), the delay in filing of the civil revision application is hereby condoned. Coming to the merits of this case, this Court would find that it is only on account of laches on the part of the petitioner that the Court below has passed the impugned order refusing the prayer of the petitioner to call for Bandovasti Hisab (B. H. Form) Register. This Court would take note of the fact that such prayer of the plaintiff-petitioner was allowed by the court below on 9.6.2006 and the petitioner was directed to pay cost for the document to be brought but the petitioner did not comply such order and consequently, such prayer of the petitioner stood rejected. The petitioner thereafter had again filed an application on 5.4.2007 for the same purpose which was not pressed and accordingly, the same was rejected on 4.2.2008. A third attempt was again made on 20.2.2008 by the petitioner for the same purpose and this time, the Court noticing all these aspects as also the delay being caused by the plaintiff- 2 petitioner in the disposal of the suit, has passed the impugned order refusing to call the said document. In the opinion of this Court, the laches on the part of the petitioner is writ large on the face of record and in fact touches the fringe of the usual practice of delaying the disposal of the suit by the plaintiff-petitioner himself. This Court however taking into account the interest of justice, would allow such prayer of the petitioner and would direct the court below to call for the aforementioned documents, prayer for which was allowed on 9.6.2006 only after the petitioner deposits a cost of Rs. 3,000/- in court within a period of one month from the date of receipt/production of a copy of this order before the court below for its being paid to contesting defendants. Such cost will be in addition to the expense that is required to be deposited by the petitioner in terms of the order on 3.6.2006 and the payment of both the amount must be made within a period of one month from the date of receipt/production of a copy of this order failing which the indulgence given to the petitioner by this order would stand recalled. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)