IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.814 of 2008 AJAY KUMAR Versus RAM BRIKSH RAI & ORS ----------- 3 9/7/2008 This case has been listed under the heading for orders at the instance of the petitioner for considering the stay of the suit during pendency of this civil revision application. Heard counsel for the petitioner on merit. In view of the fact that the case was barred by limitation, notice had been directed to be issued on the opposite parties by order dated 25.6.2008, however, in view of certain urgency which has crept during pendency of the aforementioned limitation petition, counsel for the petitioner is insisting that the stay petition must be considered and disposed of. Having considered the materials in the interlocutory application for condonation of limitation, the same is allowed and the period of delay of slightly more than one year is hereby condoned for the ends of justice. This Court after taking-up hearing on merit, it appears that the suit is of the year 1991 and after the parties had completed leading of their evidence, and the argument had already commenced, an application came to be filed by the petitioner asking certain documents to be exhibited. The court below by the impugned order has rejected such prayer on the ground that these documents are not the public documents which need 2 not be formally proved and secondly it has also taken into consideration that the delay of filing of these documents of which being exhibited, will again require leading of evidence by other parties which will actually delay the disposal of the suit. In the opinion of this Court there is no flaw in the approach of the court below. This is not the case of the petitioner that he had not been given an opportunity to lead his evidence at the appropriate stage. If the petitioner had failed to lead evidence, he cannot be given another unfettered liberty to choose to file his document as and when he pleases. There being no material irregularity and/ or jurisdictional error in the impugned order, this civil revision application is without substance and/or any merit and accordingly the same is dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar