IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No. 1297 of 2008 RAMASHISH RAM & ORS. Versus BANS RAJ RAM ----------- 2 18.8.2008 Heard learned counsel for the petitioners. In the opinion of this Court if the defendant-petitioners had neglected to contest the suit in course of its hearing as would appear from the facts noted in the impugned order, they must suffer consequence. Here is a case where the plaintiff in a suit of the year 2004 had examined witness up to 10th May 2006. PW9 was one of such witnesses who was examined on 23.2.2006 and in the same date he was partly cross-examined by the counsel for the petitioners and thereafter at his request further cross-examination was deferred to 9.3.2006 but when no one on behalf of the petitioners had turned up for further cross-examination of PW9, the said witness was discharged by the court below vide an order dated - 2 - 9.3.2006. It is equally interesting to note that no prayer was made for recall of PW9 either till date the plaintiff had examined all his witnesses or even before the defendants petitioners had started leading their evidence. The petitioners after examining their own witnesses in between 20th May 2006 to 28th March 2007 had also closed their evidence whereafter the arguments had commenced on behalf of the plaintiff on 5.4.2007 and was concluded on 12.1.2008. Infact such prayer for recall of PW9 was made on 17.3.2008 in the midst of argument of defendants. The aforesaid admitted facts would clearly go to show that it is own making of the petitioners by virtue of which they have been referred the permission to recall the plaintiff’s witnesses for further cross examination. Thus in the given facts and circumstances, this - 3 - Court does not find any error in the impugned order and accordingly, this civil revision application is dismissed with cost of Rs. 500/- with a direction to conclude the arguments and deliver the judgment within a period of sic months from the date of receipt/production of a copy of this order. shahid (Mihir Kumar Jha, J)