IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.561 of 2009 RAGHUNATH PRASAD BHALOTIYA Versus MAHENDRA RAVIDAS & ORS ----------- 2 09.04.2009 Heard learned counsel for the petitioner. This revision application has been filed by the defendants against the order dated 28.01.2009 passed by learned Additional Munsif IV, Jamui in Title Suit No. 52 of 1998 by which the petition of the defendants filed on 17.01.2009 to recall the order dated 16.01.2009 of the previous date closing the evidence of the defendants has been rejected on the ground that his earlier petition dated 14.01.2009 for the same purpose had been allowed but the defendants did not pay any attention in the matter. From the certified copy of order, it appears that on the next date the defendants filed an affidavit of a witness who was examine and also partially cross-examined on behalf of the plaintiffs. However, later on the court realized that in view of the said order dated 28.01.2009 the evidence of the witness had wrong been taken and therefore the same was cancelled and the case has been fixed for arguments. From the order impugned it appears that the court below is proceeding in the matter on day to day basis. However, in the ends of justice, it was appropriate for the court below to enable the defendant to produce the evidence, if necessary on payment of cost to the satisfaction of the court. Learned counsel for the petitioner submits that the defendants is ready to pay any reasonable cost for delay for not producing the evidence and they are also ready to produce their - 2 - witness, on the very next date fixed in the suit after communication/receipt of the order of this Court and are also ready to produce their other witnesses on day to day basis and complete the evidence in continuation. In that view of the matter and in view of the said undertaking given by learned counsel appearing on behalf of the defendants, this revision application is disposed of and the matter is remitted back to the learned trial court for allowing the defendants to produce their witnesses on day to day basis and complete their evidence in continuation on payment to reasonable cost. With the above observations, the revision application is disposed of. Kundan (J. N. Singh, J.)