IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1628 of 2008 MUNNI DEVI Versus PUSP LATA DEVI & ANR ----------- 2. 24.9.2008 No one appears for the petitioner. For the reasons mentioned in this application (I.A.No. 5858/2008) the delay in filing of this civil revision application is condoned. On merits this Court would find that it was somehow the slackness on the part of the petitioner and/or his counsel who had refused to receive affidavited examination-in-chief of P.W.9 (the plaintiff witness), who is said to have examined on 6.9.2007 and also discharged without cross- examination in absence of the counsel for the petitioner in the court below. Whatever be the reasons mentioned in the application, the court below in the interest of justice ought to have allowed to recall of such witness when the prayer was confined only to recall of P.W.9 though earlier also P.W.6 was discharged without being his cross- examined. In that view of the matter, this Court would allow this application and would 2 afford one chance to the petitioner to cross-examine P.W.9 provided he pays a cost of Rs. 2500/- to the defendant within a period of 15 days from the date of receipt/ production of a copy of this order, whereafter the court below will fix a date for cross-examination of P.W.9 and the petitioner must cross-examine P.W.9 on such date fixed. With the aforementioned observation and direction this application is allowed and the impugned order is set aside. (Mihir Kumar Jha,J.) Surendra/