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2025 DAILYLAW 18077 (JHR)

RANTHI DEVI v. KAMLAWATI DEVI ALIAS KAMLA DEVI

C.M.P./588/2025 · 2025-09-01

Gautam Kumar Choudhary

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:26563 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 588 of 2025 ------ 1. Ranthi Devi, wife of Bandhu Singh 2. Awadh Kumar Singh 3. Digambar Kumar Singh 4. Janardan Singh All are residents of Village Chama, P.O. & P.S. Ghaghra, District Gumla .... .... …. Petitioners Versus 1. Kamlawati Devi @ Kamla Devi, wife of Shri Lakman Barai, resident of Village Chama, P.O. & P.S. Ghaghra, District Gumla 2. Deputy Commissioner, At, P.O., P.S. & District Gumla .... .... .... Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Jitesh Kumar, Advocate For the O.P. No.1 : Mr. Arun Kumar, Advocate For the O.P. No.2 : Mr. Sachin Kumar, A.C. to S.C. I Order No.03 / Dated : 01.09.2025 Defendant is before this Court against the order dated 10.06.2025 by which learned trial Court has rejected the petition to recall the order dated 20.05.2025 in Original Suit No.06 of 2018 by which the defence evidence was closed. 2. It is submitted by the learned counsel on behalf of petitioners that the case was posted for defence evidence on 04.10.2024 and defence evidence was closed on 20.05.2025. During this period, only one witness has been examined. Petitioner has to examine only three witnesses which will be concluded within one month. 3. Learned counsel on behalf of plaintiff/opposite party submits that sufficient time was allowed and in one year, only one witness could be examined on behalf of the defendants. It is submitted that adjournments are being sought on behalf of the petitioners/defendants to delay the disposal of the case. 4. Having considered the submission advanced on behalf of both sides and in the interest of advancing substantial justice, the petition for recall is allowed subject to the condition that three witnesses will be examined within a month on payment of cost of Rs.5000/- to be paid to the plaintiff. Civil Miscellaneous Petition stands disposed of. Pending Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit