IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1667 of 2007 Abhay Kumar Yadav @ Ajay Kumar Yadav, son of Late Kamleshwari Prasad Yadav, resident of Madhepura, ward No.8, P.S. & district- Madhepura …… Petitioner Versus Ganpati Jha, son of Late Mukund Jha, resident of Saharsa Gangjala, ward No.6/8, P.S. & District- saharsa …. Opp.Party ----------- For the Petitioner : Mr.Y.V.Giri,Sr.Adv. with M/s Raju giri & Pranav Kumar,Adv. ----------- 2. 30/04/2009 By the impugned order dated 19.6.2007 passed by learned Sub-Judge-III, Saharsa in Title Suit No.140 of 2004, the petition filed by the plaintiff-petitioner for recall of the order dated 2.3.2007 closing his evidence has been rejected. Learned senior counsel for the petitioner, referring to the order sheet of learned court below, submits that on many dates the learned court below itself was awaiting some orders from this Court in the Miscellaneous Appeal. He further submits that during the pendency of the Miscellaneous Appeal, entire record of the plaintiff was made available to the learned counsel in the High Court and therefore, plaintiff could not produce any witness. He submits that if one more opportunity is not given to the plaintiff to adduce evidence, his entire - 2 - case will fall. Considering the submissions of learned senior counsel for the petitioner and after going through the orders of learned court below passed subsequent to 6.1.2006, this Court is of the opinion that the plaintiff should be given one more chance for production of witnesses. In the circumstances, this revision application is disposed of with a direction to the learned court below to consider the prayer of the plaintiff-petitioner afresh by allowing him to lead evidence in the suit on payment of any cost which learned court below may think fit and proper. Learned senior counsel for the petitioner gives an undertaking on behalf of the plaintiff- petitioner that on each and every date fixed by the court plaintiff shall lead evidence. In exercise of this power by learned court below, orders dated 2.3.2007 and 19.6.2007 shall not be treated as impediment by learned court below. With the aforesaid observations and directions, this revision application is disposed of. Pradeep/ (J. N. Singh, J.)