IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1478 of 2006 KANAHAIYA LAL SAH Versus RAM NARAIN TIWARI & ORS ----------- 2 28.11.2008 Heard counsel for the petitioner. In the opinion of this Court, the impugned order rejecting the prayer of the intervener-defendant to recall the witnesses of the plaintiff for their cross-examination was rightly rejected. The Court below has infact noted the obvious deliberate laches on the part of the petitioner and its reasoning can not be faulted either on fact or in law. . The submission of the counsel for the petitioner that as a matter of fact, the counsel for the petitioner- intervener-defendant in the court below was not severed with the copy of the affidavit containing examination-in- Chief of the witnesses of the plaintiff and as such there non-cross examination by the intervener-defendant should have been by itself to be a sufficient reason for recalling such witnesses of the plaintiff, has to be only noted for its being rejected. The application which was filed before the Court below for recall of the witnesses of the plaintiff by the petitioner would itself go to show that such plea infact was never raised before the Court below. That apart, the plea which was taken before the 2 Court below by the petitioner as has been noted in the impugned order was also found to be false and frivolous. In that view of the matter this Court would not find any reason to interfere with the impugned order and accordingly, this Civil revision application being misconceived is hereby dismissed. Bibhash (Mihir Kumar Jha, J.)