IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1330 of 2008 NARENDRA THAKUR & ORS Versus YOGENDRA THAKUR & ORS ----------- 2. 25.8.2008 Heard counsel for the petitioner. In the opinion of this Court when the only objection of the opposite parties in relation to filing of the document was confined to delay in filing of such document, the court below ought to have allowed filing of such document subject to payment of cost. Learned counsel for the petitioners in fact would contend that three documents which are to be filed are by way of public document and/or sale deeds being more than 30 years old and therefore, the same would not in any way prejudice the opposite parties. Nonetheless the counsel would contend that they will have right to rebuttal by bringing any further evidence and therefore, he very fairly says that he is ready to pay cost bringing those documents on record. Considering the aforementioned aspect as also the interest of justice, this Court would direct that the aforesaid 2 documents filed by the petitioner should be taken on record by way of exhibiting them in evidence subject to payment of cost of Rs. 5,000/- to be paid by the plaintiff petitioner within a period of three months to the contesting defendant opposite parties no. 1 to 4. The court below would grant one month time to the defendants to lead any further evidence in rebuttal confined to the aforesaid documents exhibited in evidence by the plaintiff and thereafter would proceed to continue with the arguments on day to day basis so that the suit can be disposed of expeditiously, preferably within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation direction, the impugned order is set aside and the civil revision application is allowed to the extent indicated above. ( Mihir Kumar Jha,J.) Surendra/