Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioners and the contesting Respondent No. 1 being the Plaintiff.
(2.) Petitioners are defendants who are aggrieved with the order dated 9.6.2015 passed in Partition Suit No. 02/2009 where under their evidence have been closed. Earlier after closure of evidence of the Defendant witnesses vide order dated 12.11.2014, on a prayer made for recalling the same and adducing evidence on their behalf, by the order at Annexure-4 dated 25.2.2015 the Court of learned Munsif, Giridih allowed the defendants to produce their remaining witnesses within the next two dates at the cost of Rs.50/-. Learned counsel for the petitioners contends that on the next date on 16.3.2015 the defendants could not adduce the remaining two witnesses, D.W.1 and D.W.2 on account of strike of the lawyers in the Subordinate Courts. On the next date 28.4.2015 though attendance was filed on behalf of D.W.1 and D.W.2, but they could not be cross- examined and went back. It is submitted that the suit is for partition instituted by the Plaintiff/Respondent No. 1 herein and the defendants have also filed their written statement earlier. It is prayed that in the interest of Justice the defendants may be allowed some more time to adduce their remaining witnesses. As per the submission of learned counsel for the parties, the suit has not progressed further after closure of the evidence of the defendants.
(3.) Learned counsel for the contesting Respondent No. 1/Plaintiff has however opposed the prayer of the petitioners. He has submitted that defendants have taken several adjournments earlier also to adduce their witnesses, but despite indulgence granted by the Court below on 25.2.2015 they failed to examine their witnesses on the next two dates. However, learned counsel for the Respondent No. 1/Plaintiff submits that the Court may, in the background circumstances, pass an appropriate order so that proceedings of the suit are not unnecessarily lingered.;