Patna High CourtC.Misc./37/2018dismissed

Dr. Syed Shah Haseen Ahmed v. Syed Shah Anzar Hussain

2018-08-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.37 of 2018 ======================================================

1. Dr. Syed Shah Haseen Ahmed, Son of Late Syed Shah Nasim Ahmad, Sajjadanashin of Dargah Hazrat Diwan Shah Arzani, Resident of MohallaDargah Shah Arzan, Police Station- Sultanganj, Town & District- Patna. .... .... Appellant/s

Versus

1. Syed Shah Anzar Hussain, Son of Late Syed Shah Ashique Hussain, Resident of Mohalla- Dargah Shah Arzan, Police Station- Sultanganj, Town & District- Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Raj Shekhar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2018 Heard the learned counsel for the petitioner. The petitioner has filed this civil miscellaneous petition against the order dated 13.09.2017 passed by the learned Munsif, Patna City (Patna) in T.E.S. No. 24 of 2001 by which the learned Munsif allowed the prayer of the defendant for recalling P.W. 2 to 4 for further cross-examination.

The learned counsel for the petitioner submits that the petitioner is the plaintiff. He further submits that the defendant did not take proper interest while the plaintiff witnesses were being examined and therefore, at the stage of hearing, recall of the plaintiff witnesses is illegal.

I do not find the submissions of the petitioner

Patna High Court C.Misc. No.37 of 2018 (2) dt.28-08-2018 2/2 acceptable. The learned Munsif has rightly allowed the petition of the defendant to recall P.W. 2 to 4 for further cross-examination, as the learned counsel for the defendant remained ill and the defendant could not cross examine the witnesses of the plaintiff. The cost has also been imposed. Therefore, I do not find any reason to interfere with the order impugned.

Accordingly, the Civil Miscellaneous petition is dismissed.

(Prabhat Kumar Jha, J) sushma/- U