IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1546 of 2008 ANIL KUMAR SINHA Versus MD.SALAHUDDIN & ORS With C.R. No.2239 of 2007 ANIL KUMAR SINHA Versus MD.SALALUDDIN & ORS ------ 3 18/9/2008 Heard learned counsel in both the cases. The petitioner realizing the limits, has himself, especially in view of order of the Apex Court dated 23.1.2006, given an undertaking before this Court that he will appear before the court below within a period of two weeks from the date of receipt/production of a copy of this order, whereby and whereunder, he will fully cooperate in disposal of the pending application under Order 21 Rule 97 of the Code of Civil Procedure. In that view of the matter, this Court would give last indulgence to the petitioner, and in the event he does not avail this opportunity, the court below will proceed to dispose of the application under Order 21 Rule 97 of the C.P.C without giving any further opportunity to the petitioner. In the event the 2 petitioner appears, the court below will give permission to the petitioner to lead his evidence which he must complete within a period of one month of his appearance. In any event, the court below is directed to dispose of the application under Order 21 Rule 97 of the C.P.C, keeping in view the order of the Apex Court, within a period of two months from the date of receipt/production of a copy of this order. With the aforementioned observations/ directions this application is disposed of. ( Mihir Kumar Jha, J.) Abhay Kumar