IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1370 of 2008 NATHO THAKUR & ORS Versus TANGO DASS @ SONELAL PASWAN ----------- 2 28.8.2008 Heard Counsel for the plaintiff petitioners. In the opinion of this Court, the approach of the Court below in making the witness PW 10 deposing on behalf of the petitioner to realize importance of the Court and Court proceedings needs to be appreciated. The Court below is absolutely right in rejecting the evidence of such a witness if it had a reason to believe that he (Sudhir Kumar Sharma) was misconducting himself at the time of deposition by looking into some notes allegedly written on his palm. This Court therefore, would also not find any error even in the impugned order which was passed on review. The Court below however ought to have taken into account that if ultimately the plaintiff and his witness had accepted their mistake and had come out with a prayer for its being condoned, it could have gone to allow such person to appear as a witness and depose the facts of course strictly in accordance with law. Counsel for the petitioners would submit that P.W.10 Sudhir Kumar Sharma is the last witness and needs to be examined in the interest of justice. 2 Considering the fact that the case of the plaintiff, petitioner may be prejudiced on account of denial of examination of the witness Sudhir Kumar Sharma, this Court would, by way of last indulgence, give an opportunity to the petitioners to examine Sudhir Kumar Sharma within a period of one month from the date of receipt/production of a copy of this order but thereafter, no further witness will be allowed to be examined on behalf of the plaintiff petitioners. Considering the fact that such an action for reopening of the evidence of the plaintiff petitioners, which has already been closed by an order dated 17.6.2008 may lead to some sort inconvenience and/or harassment to the defendants, this Court would allow such prayer of the petitioners for re-examination of Sudhir Kumar Sharma only on payment of cost of Rs. 2,000/- (two thousand) to be paid by the petitioners to the contesting defendants within three weeks of the receipt/production of a copy of this order. With the aforesaid observation/direction this Civil Revision application is disposed of. Rsh (Mihir Kumar Jha, J.)