Kandarp Kant Labh v. Yashoda Devi

Patna High Court CWJC No.5788 of 2014 (2) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5788 of 2014 ====================================================== Kandarp Kant Labh .... .... Petitioner/s

Versus

Yashoda Devi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-02-2016 After some argument, the learned counsel for the petitioner and the learned counsel for the respondent agreed that the delay may be compensated with cost and the petitioner be granted only one date for his examination.

In view of the agreement between the parties, I allow this writ application subject to payment of cost of Rs.5,000 prior to the date that may be fixed by the Court below according to his convenience for examination of this petitioner as witness in the case. It is made clear that if this cost is not deposited in the Court below prior to his examination as witness, the Court below shall refuse to examine and proceed to decide the suit. If cost will be deposited, the plaintiff in the Court below shall be at liberty to withdraw the same.

With this direction, this writ application is allowed. Saurabh/- (Mungeshwar Sahoo, J) U T