IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1401 of 2011 Jai Narayan Singh & Ors Versus Suratlal Singh & Ors 2 10.8.2011 Heard counsel for the petitioners. Counsel for respondent no.1 entered appearance suo moto. The petitioners pray for setting aside the order dated 16.9.2010 passed by the learned Sub Judge I, Araria in T.S. No.170 of 2000 whereby the petition dated 3.5.2010 filed by the petitioners to exhibit certain documents has been rejected. Counsel for the petitioners submits that the petitioners would exhibit the documents within shortest possible time and they are ready to bear the cost as this court may deem fit and proper. Counsel for respondent no.1 submits that the petitioners-plaintiffs are unnecessarily delaying the disposal of the case. It appears that on 16.9.2009 the petitioners filed an application for exhibiting certain documents. However, the aforesaid petition was not pressed. Thereafter, instant application has been filed for exhibiting certain documents. The trial court has rejected the application on the ground that no explanation has been given for not exhibiting the documents earlier. The case has remained pending for judgment for a year. However, both the counsels state that the judgment has not been delivered as yet. 2 In the facts and circumstances of the case, I observe as follows: i) The petitioners would file all such documents which they want to exhibit within seven days from the date of receipt/production of a copy of this order before the trial court. ii) Thereafter, the petitioners would prove the exhibited documents through their witnesses on the next date fixed after receipt of a copy of this court before the trial court. iii) Within two weeks thereof, the defendants, if so advised, may cross-examine the witnesses exhibiting the documents. iv) The petitioners would deposit a sum of Rs.4000/- towards cost in the learned court below within ten days from the date of receipt/production of a copy of this order. v) The defendants would be entitled to withdraw the aforesaid amount in equal share. vi) It is expected that the learned trial court would deliver its judgment shortly thereafter. With the aforesaid observations and directions, this writ petition stands disposed of. Let this order be communicated to the learned Sub Judge I, Araria through fax at the cost of the petitioners. KHAN (S.P. Singh,J)