IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.933 of 2006 KABUTRI DEVI & ORS Versus CHANARIKA RAI & ORS ----------- 3. 20.10.2008 Heard counsel for the petitioners. In the opinion of this Court when the petitioners, defendants no. 5 to 7, were impleaded as party in the suit on 4.7.2005 and had been seeking an opportunity to examine the witnesses of the plaintiff already examined, they ought to have been given adequate opportunity. It, however, appears from the impugned order dated 3.3.2006 that the prayer of the petitioners for cross- examining the witnesses of the plaintiff was summarily rejected even when the laches were clearly on the part of the plaintiff himself, who had not produced the witnesses. That being so, this Court would set aside the impugned order and would direct the court below to afford an opportunity to the petitioners to cross-examine the witnesses of the plaintiff within a period of one month from the date of receipt/ production of a copy of this order. If this time also the petitioners, defendants no. 5 2 to 7, fail to cross-examine the witnesses of the plaintiff when produced by the plaintiff, they would be debarred from seeking any further opportunity. It is also made clear that as soon as the evidence of the plaintiff is closed, defendants no. 5 to 7, being the contesting defendants, will complete their evidence within a period of three months from the date of closure of the evidence of the plaintiff. With the aforementioned observation and direction this application is allowed. (Mihir Kumar Jha,J.) Surendra/