IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6348 of 2009
Mahesh Kumar Dhanuka ...........Petitioner
Versus
Ravi Prakash Bagroy .........Respondent
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Coram: THE HON'BLE MR. JUSTICE R.K. MERATHIA
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For the Petitioner : Miss Niyati Sah, Advocates
For the Respondents : Mr. Ayush Aditya, Advocate
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3/24/2/2010
Miss Niyati Sah, appearing for the petitioner, submitted
that on 22.6.2009, the prayer for amendment made by the petitioner
was allowed but for non payment of the cost and for non
incooperation of the amendment, petitioner was debarred from
incorporating the amendment and his evidence was closed on
7.7.2009. Thereafter the cost was deposited and prayer was made
for recall of the order dated 7.7.2009, which has also been rejected. It
is further submitted that petitioner undertakes that he shall not
adduce more than two witnesses including himself within four weeks.
Mr. Ayush Aditya, appearing for the respondents, supported
the impugned orders to the extent they have been challenged by the
petitioner in this writ petition.
I am satisfied that in the interest of justice, petitioner can
be given one chance.
Accordingly, the order dated 7.7.2009 and part of the
order dated 30.10.2009 are set aside. Petitioner is permitted to
incorporate the amendment by the next date fixed or within two
weeks, whichever is earlier. This order is subject to payment of cost
of Rs.1000/- ( one thousand only) to be deposited in the court below
within two weeks.
Petitioner must conclude his evidence within four weeks
from today. The parties will cooperate in early disposal of the suit,
which should be disposed of as early as possible and preferably
within three months from the date of receipt/production of a copy of
this order.
With these observations and directions, this writ petition
is disposed of.
( R.K. Merathia, J).
Rakesh/