IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1202 of 2011
Uday Shankar Gupta & ors. ...... Petitioners
Versus
Shri Madan sao & ors. ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioners : Mr. Atanu Banerjee, Advocate
For the Respondents :
st
02/Dated: 31 March, 2011
1.
The present writ petition has been preferred against the order passed by
the Sub JudgeVI, Dhanbad dated 11th January, 2011 in Title Suit No. 12 of
1992, whereby, the stage of taking evidence of the present petitioners, who
are original plaintiffs, has been closed down.
2. Having heard learned counsel for the petitioners and looking to the facts
and circumstances of the case, I see no reason to entertain this writ petition
mainly for the reason that the suit being Title Suit No. 12 of 1992 has been
instituted by the present petitioners and even after eighteen years also, the
present petitioners (original plaintiffs) are thinking that the stage of taking
evidence ought not to have been closed by the trial court. It appears from the
facts of the case that enough and adequate opportunities have been given to
adduce the evidence. More than one dozen dates have been mentioned in the
impugned order. In view of these facts, no error has been committed by the
trial court by closing down the stage of taking evidence by the original
plaintiffs. It cannot be expected from the trial court that even in the suits of
1992, the stage of taking evidence cannot be closed down in the year 2011. It
appears that the petitioners (original plaintiffs) are not interested in further
proceeding of their own suit.
3. In view of the aforesaid facts, I see no reason to entertain this writ petition.
There is no substance in this writ petition and, hence, the same is, hereby,
dismissed.
(D.N. Patel, J.)
Ajay/