IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.511 of 2008 UMESH PRASAD YADAV Versus SUNIL KUMAR SINHA & ORS ----------- 3 10.09.2008 Heard counsel for the petitioner. The eviction suit of the year 1991 is still awaiting completion of evidence and to say the least, the defendant-tenant-petitioner seems to be the main culprit. The petitioner who in capacity of a tenant is a defendant in an eviction suit has moved to this Court against the impugned order closing his evidence. The Court below has given cogent reasons for such closure of his evidence, wherein amongst others, it has been clearly recorded that the petitioner was given sufficient opportunity to lead his evidence and when despite repeated indulgence, the petitioner did not choose to complete his evidence, the Court had no option but to close the evidence. Counsel for the petitioner is not in a position to assail the finding of fact recorded by the Court below in the impugned order but then he would make a request that as it is an eviction suit and the petitioner being the tenant, in capacity of defendant, has been contesting the same, he must be given at least one more opportunity to contest the suit. In this context, he has referred to paragraph No.10 of this Civil Revision application which reads as - 2 - follows:- “That the petitioner undertakes to adduce evidence day to day basis if an opportunity is provided to him” That being so, when this Court had put a question to the counsel for the petitioner that as to how the petitioner would compensate the loss caused to the plaintiffs, opposite parties, he has fairly agreed to make payment of Rs. 200/- per day from the date the plaintiff had closed their evidence. In that view of the matter, the prayer of the defendant, petitioner to lead his evidence in the manner as undertaken by him in paragraph No.10 of this Civil Revision application as quoted above, is allowed subject to the condition that the petitioner will pay to the plaintiffs-opposite parties the total sum of money by way of cost at the rate of Rs. 200/- per day, from the date of closing of the evidence by the plaintiff and for each and every subsequent day of hearing in the suit till date within a period of six months from today. It is only when the aforesaid cost has been deposited by the petitioner in the court that he will be allowed to lead his evidence. In case the petitioner does not pay the aforementioned amount as directed above to the - 3 - petitioner, he will have no right to lead his evidence and the Court below will proceed on the basis of evidence on record and conclude hearing of the arguments of both the sides and deliver its judgment within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)