D.N. Patel, J. - (1.) PRESENT petition has been preferred under Article 227 of the Constitution of India against the order passed by learned IIIrd Additional Munsif, Ranchi in Partition Suit No. 30 of 2003, whereby, the stage of taking evidence by the petitioner (original defendant) has been closed and, therefore, the present petitioner (original defendant) has preferred this writ petition.
(2.) LEARNED Counsel for the petitioner (original defendant) submitted that in fact the Partition Suit No. 30 of 2003 has been filed by present respondent Nos. 1 and 2 against the present petitioner. They all are nearby relatives. Plaintiffs have examined their witnesses and the defendant has examined only one witness and the stage of taking evidence has been closed down by the learned trial court vide order dated 15 July, 2008. The petitioner (original defendant) wants to examine three more witnesses and they will not consume much time and this can be over within stipulated time as granted by this Court. The stage of taking evidence may be opened by the order of this Court. The petitioner (original defendant) is ready and willing to make the payment before the trial court as a token cost. When the mutter is ea led out learned Counsel for the respondents is absent. Though respondents are served, nobody appears on behalf of the respondents. Neither the matter is mentioned on behalf of the respondents nor the counsel for the respondents is present.
(3.) HAVING heard learned Counsel for the petitioner and looking to the counter affidavit, filed by the respondents and also looking to the facts and circumstances of the case, it appears that - (i) The present respondent Nos. 1 and 2 are the original plaintiffs, who have instituted Partition Suit No. 30 of 2003 before learned IIIrd Additional Munsif, Ranchi. (ii) It appeals this the original plaintiffs have examined their witnesses and the original defendant has examined only one witness and, thereafter, the stage of taking evidence has been closed down by learned trial court vide order dated 15 July, 2008. (iii) It also appears dial the original defendant wants to examine three more witnesses (iv) Looking to the Annexure -1, it appears that the original defendant is of much advance age i.e. approximately 80 years and he was also suffering form cold, cough and fever as stated in the application, given by he original defendant to the trial court on 15 July, 2008.;