- (1.) Learned Counsel appearing for the Petitioner mainly submitted that the Petitioner is the original Plaintiff, who has instituted Title Suit No. 33 of 2009 for specific performance before the court of learned Subordinate Judge-5th, Dhanbad. The Petitioner was in hospital at Vellore as he was diagnosed of Hodgkins Lymphoma-Mixed Cellularity-stage IIIB based on open laprotomy. The Petitioner was admitted on 30th September, 2010 and he was discharged on 29th October, 2010. Likewise, in the month of March and April, 2010 also the Petitioner has taken Chemotherapy as he was ill. Meanwhile, stage of taking evidence was closed down by learned Subordinate Judge-5th Dhanbad and, therefore, the present petition has been preferred for opening of the stage of taking evidence so that the Petitioner, who is the original Plaintiff, can take his evidence before the trial court.
(2.) I have heard learned Counsel appearing for Respondent No. 1, who has submitted that much time was given by the trial court to the original Plaintiff to lay down his evidence and he has not availed his opportunity and, therefore, the impugned order passed by the trial court is true, correct and legal in the facts of the present case.
(3.) Having heard learned Counsels for both sides and looking to the facts and circumstances of the case, it appears that: (i) The Petitioner was suffering from cancer and he was taking treatment from March, 2010 onwards and he was hospitalized at Vellore. Looking to the documents annexed with the present petition at Annexure-2, it appears that the Petitioner was discharged from hospital on 29th October, 2010 and on 19th August, 2010 the order was passed by learned Subordinate Judge-5th, Dhanbad of closing of stage of taking evidence by the original Plaintiff. (ii) It also appears that the present Petitioner, who is the original Plaintiff, has instituted Title Suit No. 33 of 2009 for specific performance. He wants to examine four or five witnesses. No prejudice is going to cause to the original Defendant by opening of the stage of taking evidence. The evidence will be very much necessary for arriving at a correct conclusion about the dispute between the parties.;