IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2232 of 2007 SHEKH SHOHRALE Versus SAJRUN KHATOON ----------- 2 02.09.2008 Heard counsel for the petitioner. In the opinion of this Court, if the petitioner was absent on one day and that too on account of holy month of Ramzan due to his being busy in his personal and religious commitments, the Court below ought to have not closed the evidence of the petitioner. Counsel for the petitioner would submit that the petitioner would immediately produce his witnesses and conclude their deposition within a period of one month from the date of receipt/production of a copy of this order. He has also assured to this Court that at least the petitioner will not henceforth seek any unnecessary adjournment till completion of his arguments. Considering, however, that the wife, opposite party has been put on hold in a Misc. Case filed by her claiming certain payment of amount of maintenance for the IDDAT period and/or any other payable amount, this Court while setting aside the impugned order and directing the Court below to give one opportunity to the petitioner for leading and completing his evidence, would direct the petitioner to pay a cost of Rs. 2500/- to the - 2 - opposite party, wife within a period of two months from the date of receipt/production of a copy of this order in the court below. With the aforementioned observations and directions this application is disposed of. Bibhash (Mihir Kumar Jha, J.)