IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.400 of 2008 DEVI LAL @ DEVI PRASAD, S/o Late Baguli Lal, resident of Mohalla- Kahar Toli (Mahavir Asthan), P.S. Chowk, District- Patna. ...... Defendant...... Petitioner. Versus 1. HARGOVIND LAL, S/o Late Bishun Dayal. 2. Mostt. Durga Devi, W/o Late Bishun Dayal. Both residents of Mohalla- Chowk Shikarpur (Opp. Chowk Sikarpur T.O.P.), P.S. Chowk, District- Patna. ..... Plaintiffs ... Opposite Parties. ----------- 02- 3.8.2010 None appears on behalf of the parties. The defendant has filed this application under Section 115 of the Code of Civil Procedure. It is directed against the order dated 23.1.2008, passed by the learned Munsif, Patna City, in Title Eviction Suit No.32 of 1997, whereby his application for recall of the plaintiffs’ witnesses for further cross-examination has been rejected on the ground that the defendant had cross- examined the plaintiffs’ witnesses when they had deposed. 2. The defendant’s present application for recall of the plaintiffs’ witnesses had been filed after the plaintiffs have closed their evidence. The defendant had cross-examined the witnesses of the plaintiffs. The application has been rejected as a mala-fide attempt on the part of the defendant to delay the disposal of the suit, having been instituted way back in 1997. We agree with the order of the learned trial court. 3. This civil revision application is rejected. (S K Katriar, J.) S.K.Pathak/