IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2093 of 2008 PANDEY KAPILESHWAR KUMAR Versus PANDEY MRITUNJAY PRASAD & ORS ----------- 2. 17.12.2008 Heard counsel for the petitioner. While this Court would not find any reason to take a different view as has been taken by the court below in the impugned order, the interest of justice would be better served if the petitioner is allowed to complete his evidence. True it is that ever since 24.1.2006 the defendants have been holding the forte and in a period of nearly two years they could adduce only nine witnesses. In that view of the matter, if the court below having twice closed evidence of the defendant petitioner i.e. on 18.9.2007 and again on 13.8.2008 had refused such leave to the petitioner for examining of the witnesses of the defendants-petitioners there was definitely no jurisdictional error in this part of the impugned order. Counsel for the petitioner, however, has taken a plea that defendants no. 2, 5 and 6 are sailing in the same boat whereas defendant nos. 1 and 3 having a 2 separate case that there is nothing to indicate that the court below was intimated that among the defendants there are two sets and evidences will be led by both separately but then if the petitioner feels that his examination and the examination of two more witnesses would be essential and a few documents have to be exhibited, the interest of justice would be served better by allowing him to complete his case. Counsel for the petitioner assures this Court that such evidence either oral or documentary will be completed within a period of one month from the date of receipt/ production of a copy of this order. He has also offered to compensate the loss of the plaintiff on account of delay being caused in disposal of the suit at least to the extent the defendant petitioner can be held liable. Considering all these aspects this Court would direct the court below to allow the petitioner to complete his evidence both oral and documentary within a period of one month from the date of receipt/ production of a copy of this order, provided the petitioner pays a sum of Rs. 2000/- by way 3 of cost to the plaintiff opposite party within 15 days of the receipt of a copy of this order. The application stands disposed of. (Mihir Kumar Jha,J.) Surendra/