IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1334 of 2008 GULAM HAIDER Versus MANSOOR HUSSAIN & ORS ----------- 2 22.8.2008 Heard Counsel for the defendant petitioner. In the opinion of this Court, when the petitioner was already allowed to contest the suit by acceptance of the written statement and when the petitioner now before this Court says that he will not be recalling any witnesses already examined nor would claim denovo trial, the approach of the Court below to only allow the petitioner to appear in course of argument would be amounting to shutting out an effective opportunity of hearing to the petitioner. Mr. Udit Narayan Singh, learned Counsel for the petitioner would therefore contend that the petitioner may be allowed to adduce evidence of only a few witnesses in a fixed time limit of one week. He assures this Court that after receipt of a copy of this order, the moment, Court below allows him to adduce evidence, the petitioner will not seek any adjournment and from the next date, which is fixed by the Court below, he will produce his witnesses who may be examined in seriatim and on day-to-day basis depending on the convenience of the Court below. 2 In the opinion of this Court, the petitioner in view of his aforementioned unequivocal undertaking deserves to be given one opportunity to lead evidence and accordingly, this Court would direct the petitioner to produce his witnesses within one month from the date of receipt/production of a copy of this order and the Court below will fix date and examine them but in no event such examination of all the witnesses will continue beyond a period of one week as explained above. Such order of-course would be subject to payment of a cost of Rs. 5,000/- (five thousand) to be paid by the petitioner to the plaintiff, opposite party, first set which must be paid within 15 days of receipt/production of a copy of this order.. With the aforementioned observations and directions, this civil revision application is hereby disposed of. Rsh (Mihir Kumar Jha, J.)