IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.930 of 2006 BISHUNDEO YADAV Versus RAMASHANKAR SINGH & ORS ----------- 15 11.11.2008 Heard Mr. Ashok Kumar & Mr. D. K. Singh Counsels for the petitioner. Despite of service of notice, no one appears for the opposite parties. In the opinion of this Court, the Court below has committed a pure and simple jurisdictional error in imposing its view by confining number of witnesses to be examined on the point of dispossession. Once the Court below had come to a finding that on account of subsequent events for which necessary amendments were also made in the plaint, the factum with regard to the dispossession was required to be proved and in fact, went to allow the application for leading of additional evidence by the plaintiff, it had no business to again select among four of the witnesses by naming one of them to be the only witness necessary to be examined. This is so because the Court below had no material to hold that how and who amongst the four was only relevant witness. It could have been a different story altogether had the Court below asked the petitioner to first explain the relevance of the four witnesses and thereafter, it could have proceeded to confine leading of 2 evidence of only material witness. That however having been not done the Court would find it difficult in upholding the impugned order, which on the face of record, is not sustainable. Accordingly, the impugned order is set aside and the matter is remitted back to the Court below to reconsider the application of the petitioner and in the event the Court below finds that out of four witnesses named either all four of them or any of the three remaining witnesses are still relevant witness, it will pass an appropriate order for examination of such witness(s). Counsel for the petitioner has assured this Court that the additional witness(s) as permitted by the court will be examined within a period of six weeks from the date the Court below would accord such permission. With the aforesaid observation and/or direction, this Civil Revision Application, to the extent indicate above, is allowed. . Rsh (Mihir Kumar Jha, J.)