IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1711 of 2008 MOSTT.KUSUM KUNWAR & ORS Versus GORAKH PRASAD & ORS ----------- 2 17.10.2008 Heard Counsel for the petitioners. It is true that the explanation, which has been given by the petitioners for not cross-examining the witnesses of the plaintiff/defendants even after their appearance on 9.8.2005 and filing their written statement, does not inspire confidence but then as they have been added party to the suit of the year 1985 after 20 years, they alone cannot be held to be responsible for causing delay in the disposal of the suit. That being so, this Court would give atleast one opportunity to the petitioners to cross-examine the six witnesses of the plaintiff and/or defendants provided the petitioners pay a sum of Rs. 4,500/- (four thousand five hundred) to the plaintiff and 4,500/- (four thousand five hundred) to the defendants within a period of one month from the date of receipt/production of a copy of this order. It is made clear that even after making payment of the cost to the plaintiff/defendants in the manner indicated above if the petitioners do not cross-examine the six witnesses of the plaintiff and/or defendants on the date they appear, the Court below will proceed further without giving any further indulgence to the petitioners. With the aforementioned observations and directions, this application is allowed. Rsh (Mihir Kumar Jha, J.) 2