IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1126 of 2008 VINOD TIWARI & ORS Versus SMT.MANJU DEVI@MANOJOO DEVI& ORS ----------- 3 16.09.2008 Heard counsel for the petitioners. In the opinion of this Court, while there would not be much to say about the impugned order which takes into account, the total slackness on the part of the petitioners in pursuing their suit but then the interest of justice would require that the petitioners should be given one opportunity to contest the suit on merit. This is so because learned Senior Counsel appearing for the petitioner has submitted that there were certain circumstances beyond the control of the petitioners on account of which effective steps could not be taken by the petitioners. Learned Senior counsel in fact, would submit that if the petitioners were not eager to contest the suit at one stage it was only because of the fact that there was every possibility of a compromise . Learned counsel of the petitioner also contends that the petitioners are seriously interested in contesting the suit and in fact they would complete their evidence within a period of six weeks from the date the Court calls upon him to produce his witnesses. Learned counsel has submitted that the petitioners are ready to compensate - 2 - the loss caused to the other side, the defendants. Considering the fact that the interest of justice would require a suit to be disposed of on contest after giving opportunity to both the sides, the Court would direct the petitioners to deposit a sum of Rs. 8,000/- in the Court for its being paid to the defendants within a period of one month from the date of receipt/production of a copy of this order. On making such deposit by the petitioners, the Court below will fix the date for examination of witnesses of the petitioners and the petitioners must complete their evidence both oral and documentary within a period of two months of the examination of his first witness. Thereafter, the defendants also must complete their evidence in an expeditious manner so that this title suit of the year 2000 gets disposed of within a period of one year from the date of receipt/production of a copy of this order. With the aforesaid observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.)