- (1.) HEARD the learned counsel for the respective parties.
(2.) THE instant writ petition has been preferred challenging the order dated 12th June, 2008 passed by the Munsif, Daltonganj, in Title Suit No. 108 of 1988. The facts are that the plaintiff examined one Abdul Jalil as P.W. 1. After completing his examination -in -chief, the defendants' counsel deferred cross -examination on the said date and thereafter since he was not cross -examined, the Court discharged the witness. Subsequently, on payment of cost of Rs. 150/ - the defendants were allowed to cross -examine Abdul Jalil, but on the next date the Presiding Officer was not available and on subsequent date also for one or the other reasons the cross -examination could not be completed. Subsequently witness Abdul Jalil died and, therefore, he could not be cross -examined.
(3.) COUNSEL for the petitioner has emphasized that the Court below be directed that at least probatory value of the witness Abdul Jalil is very much there and, therefore, his statement should be kept on record and should not be ignored completely.;