Dismissed

Chhotan Prasad @ Chhotan Prasad Singh v. Estate of Late Ram Parichhan Singh @ Ram Parikshan

Patna HC18 Nov 2021C.Misc./55/2021

Case brief

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What is this about?

The Patna High Court dismissed the petition. It declined to interfere with the trial court's order dated 20.12.2019, which permitted cross-examination on payment of Rs. 5,000. The High Court directed that future opportunities for such cross-examination be limited to three dates unless unavoidable.

What did the court decide?

This miscellaneous case is disposed of with direction that the court below shall not give opportunity of more than three dates for cross-examination unless prevented by unavoidable circumstances or de

Chhotan Prasad @ Chhotan Prasad Singh Vs Estate… — Civil Procedure and Limitation | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.55 of 2021

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

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Chhotan Prasad @ Chhotan Prasad Singh Son of Late Ramautar Singh resident of village- Nauratanpur, P.o.- Mobarakpur, P.s.- Danapur, DistrictPatna

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Smt. Meena Devi wife of Sri Chootan Prasad @ Chhotan Pd. Singh resident of village- Nauratanpur, P.o.- Mobarakpur, P.s.- Danapur, District- Patna

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... ... Petitioner/s

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Versus

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Estate of Late Ram Parichhan Singh @ Ram Parikshan son of Late Hiraman Singh, resident of village- Nauratanpur, P.o.- Mubarakpur, P.s.- Danapur, Distirct- Patna

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Ekta Sahkari Grih Nirman Samiti Ltd. through its Secretary, Md. Rahman, son of Late Imran, Resident of Lal Mani Ka Dera, P.o. and P.s.Phulwarisharif, District- Patna

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Dronacharya For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 18-11-2021 Heard the learned counsel for the petitioners.

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Learned counsel for the petitioners has submitted that on 15.07.2019, the learned court below has rejected the petition filed on behalf of the defendants to cross-examine the plaintiffs’ witnesses, but despite proper opportunity they could not examine the witnesses. Moreover, the defendants have denied to cross-examine the witnesses, but vide order dated 20.12.2019, the learned trial court has recalled its previous order and provided opportunity to the defendants to cross-examine the witnesses of the plaintiffs at the cost of Rs.5,000/-.

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Patna High Court C.Misc. No.55 of 2021(2) dt.18-11-2021 2/2

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Order dated 15.07.2019 although itself shows that proper opportunities have been provided to the defendants to cross-examine the witnesses of the plaintiffs, but they failed to examine.

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Considering the liberal view of the matter, the court below has allowed the cross-examination at the cost of Rs. 5,000/-. I do not think it proper to interfere with the order of the learned court below dated 20.12.2019. The approach of the court should be in favour of hearing and not in favour of shutting down the opportunity of hearing. To indemnify the harassment sustained by the plaintiffs, the learned trial court has already imposed a cost of Rs. 5,000/-.

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With these observations, this miscellaneous case is being disposed of with further direction that the court below shall not give opportunity of more than three dates, unless prevented by any unavoidable circumstance or the default of the plaintiffs in producing the witnesses.

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(Nawneet Kumar Pandey , J)

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HR/-

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Chhotan Prasad @ Chhotan Prasad Singh v. Estate of Late Ram Parichhan Singh @ Ram Parikshan

Case brief

What is this about?

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Chhotan Prasad @ Chhotan Prasad Singh v. Estate of Late Ram Parichhan Singh @ Ram Parikshan

Case brief

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