IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1368 of 2008 DEVENDRA RAI & ORS Versus CHHABILA PRASAD YADAV & ORS ----------- 2. 29.8.2008 Heard counsel for the petitioner. Normally in presence of the order which was passed at the time of petitioners being impleaded as a party to the suit in place of Chandradeep Rai (Annexure 1), which was not assailed by the petitioner, this Court had no reason to interfere with the impugned order which is only an extension of the earlier order. It is to be noted that on 15.7.2008 these petitioners were impleaded as a party to the suit on death of Chandradeep Rai with a clear stipulation that they may participate in the suit only at the stage of final argument because the evidence was already completed in the life time of Chandradeep Rai. Counsel for the petitioners, however, would submit that Chandradeep Rai was aged about 93 years and in fact some of the very relevant evidence which were required to be led by him could not be brought on record either due to his negligence or some other factor beyond his 2 control but when the petitioners have been given a right to contest the proceedings being heirs and legal representative of Chandradeep Rai that should not be a empty formality rather they should be given an effective right of contesting the litigation. Counsel for the petitioners would submit that the petitioners are required to lead oral evidence of four witnesses and they would also like to adduce only four documents in evidence by way of exhibits. It is, however, assured that no amendment to the pleadings will be required for this purpose and the evidence either oral or documentary will be confined to the existing pleadings. Counsel for the petitioners realizing that such belated prayer of the petitioners would cause inconvenience and harassment to the defendants opposite parties has offered to pay any reasonable amount as may be fixed by this Court. Having given anxious consideration to the aforementioned submission and taking into account that a very valuable right of 3 the petitioners is at stake in the suit, this Court in the interest of justice would allow the prayer of the petitioners to lead their evidence both oral and documentary in a period of six months from the date of receipt/ production of a copy of this order subject to payment of a cost of Rs. 8000/- by the petitioners to the contesting defendants. Taking into account that the suit will now again prolong for a further period of at least six months and that the suit is of the year 1997, the petitioners in order to avail an opportunity of leading their evidence, oral and/or documentary must pay the aforesaid sum of Rs. 8000/- to the plaintiffs within a period of three months from the date of receipt/ production of a copy of this order. With the above observation, this application is disposed of. ( Mihir Kumar Jha,J.) Surendra/