IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1493 of 2016

======================================================

Vijay Sah Son of late Yadev Lal Sah Resident of Village- Balthar, P.S.-

Balthar, District- West Champaran.

... ... Petitioner/s

Versus

1. Paryag Sah Son of late Baij Sah(Late)

2. Vingu Sah@Jhotil Sah S/o Paryag Sah

3. Bachchu Sah S/o Paryag Sah all resident of Village- Balthar, P.O. Bhaura, P.S.

Balthar, Anchal- Sikta, District- West Champaran.

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. Bimlesh Kumar Pandey

For the Respondent/s

:

Mr.

======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL ORDER

3

04-12-2018

Heard Mr. Bimlesh Kumar Pandey, learned counsel

for the petitioner and Mr. Umesh Chandra Verma, learned

counsel for the respondents.

By the impugned order, the petition of the petitioner-

plaintiff for recalling the order dated 04.08.2016, by which his

evidence was closed, has been rejected and further petition of

the petitioner for exhibiting the sale deed and other documents

as exhibits has also been rejected.

Learned counsel for the petitioner submits that the

petitioner is ready to adduce all his evidences within three

months and if the petitioner is not allowed to examine his

witnesses and produce the documents, relevant for the decision

of the case, that will occasion failure of justice.

Patna High Court C.Misc. No.1493 of 2016(3) dt.04-12-2018

2/2

Mr. Umesh Chandra Verma, learned counsel for the

respondents while supporting the order of the court below

submits that sufficient opportunity was given. On 14.01.2016,

the petitioner was directed to produce all the witnesses but the

petitioner did not examine any witness.

From perusal of the records and the order impugned, I

find that the petitioner of course committed some latches but if

the petitioner is not allowed sufficient opportunity to adduce his

oral as well as documentary evidences that will occasion failure

of justice and to avoid failure of justice, I find it proper to set

aside the order dated 02.09.2016 and allow the petitioner to

adduce all his oral and documentary evidences within three

months from the date of receipt of this order subject to the

condition of payment of Rs.1,000/- to the defendant.

Accordingly, the order dated 02.09.2016 is set aside. With the

aforesaid direction, this civil miscellaneous petition is allowed.

Saurabh/-

(Prabhat Kumar Jha, J)

U