Ranjit Kumar Choudhary Vs. Dhiraj Pandey and ors - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2465 of 2010 Ranjit Kumar Choudhary .........Petitioner Vs. Dhiraj Pandey and others ........Respondents CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Rakesh Kumar For the Res. Nos. 1,2,3,4 &6: Mr. ,APP 9/13.08.2013: Today is the date fixed for final disposal of the case. It has been submitted on behalf of petitioner that the senior counsel of petitioner had gone out side the State, thus the case be adjourned for another day. On the other hand, Bhaiya Vishwajit Kumar, submits that he appears on behalf of respondent nos. 1,2,3,4 and 6 and filed an application for vacating the order of Stay. He submits that in the instant case, evidence of plaintiff had closed on 27.01.2005 and thereafter the evidence of defence closed on 07.09.2009 and the case was running for argument. In course of argument, plaintiff has filed an application for allowing him to adduce evidence because one of the plaintiff, namely, Vijay Prasad Choudhary had died on 30.12.2005. It is submitted by learned counsel for the respondents that the other plaintiffs are also on record and they appears in the court below on each and every date fixed by it but they did not choose to lead evidence on behalf of plaintiff. Under the said circumstance, they are not entitled under the law to give evidence after the close of defence case. In view of the submission made by learned counsel for the respondents and the facts and circumstances of the case, I vacate the interim order passed in this case on 23.07.2010 and direct the court below to proceed with the trial. ( Prashant Kumar,J.) Sharda/-