IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.895 of 2007 NAGESHWAR PRASAD SINGH Versus LAL BABU PRASAD SINGH ----------- 2 21.8.2008 Heard Counsel for the petitioner. In the opinion of this Court, the impugned order by itself is a proof of the fact that as to how the defendant, petitioner has been harassing both the Court and the plaintiff, opposite party. Here is a case where the Court has been literally awaiting for the defendant, petitioner to press his application but the petitioner at least on three occasions having filed the petition has not chosen to press it and when the case became ready for arguments, such application for reopening the case and leading evidence has been filed in the month of January, 2007. Under such circumstances, this Court would not find any error in the impugned order. At this stage, learned Counsel appearing on behalf of the petitioner, would crave for the indulgence of this Court in the interest of justice and would himself offer to compensate for the losses and harassment caused to the plaintiff, opposite party by offering a substantial amount for the delay caused for almost three years. This Court taking into consideration the aforementioned submissions and the fact that the petitioner has been literally responsible in causing delay in the disposal of the suit for a period of three years and now would be again consuming at least six months time for completion of the hearing and arguments of the suit, would impose a cost of Rs. 15,000/- (fifteen thousand) to be paid by the 2 petitioner to the plaintiff, opposite party within a period of one month from the date of receipt/production of a copy of this order. In the event, the petitioner would pay a sum of Rs. 15,000/- and produce an evidence to this effect before the Court below within the aforementioned period, the Court below will allow the prayer of the petitioner to lead further evidence. Such evidence however, must be completed by the petitioner within period of three months from the date of receipt/production of a copy of this order and in the next four months, the parties must complete the arguments to enable the court deliver the judgment and dispose of the suit within a period of nine months from the date of receipt/production of a copy of the order. Let it be noted that if the petitioner does not avail this opportunity, the Court below accordingly will proceed to conclude the hearing and deliver the judgment in terms of the impugned order. With the aforesaid observations and directions, this civil revision application is disposed of. Rsh (Mihir Kumar Jha, J.)