2025:JHHC:38065 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 1181 of 2025 ------ 1. Kishor Kushwaha, son of Late Nanhu Koery 2. Mahendra Kushwaha, son of Late Nanhu Koery 3. Indradeo Kushwaha, son of Late Nanhu Koery 4. Chetlal Mahto @ Chetlal Koery, son of Late Dukhan Koery 5. Ghanshyam Koery @ Ghanshyam Kushwaha, son of Late Bishun Koery 6. Most. Anita @ Mostt. Anita Devi, wife of Late Narain Kushwaha 7. Arjun Koery @ Arjun Kushwaha, son of Late Bihari Koery 8. Pintu Kushwaha @ Pintu Kumar, son of Late Narain Kushwaha All are residents of Village Chandwara, P.O. Chandwara, P.S.Chandwara, District Koderma, Jharkhand .... .... …. Petitioners Versus 1. Smt. Kaushlsya Devi, wife of Late Bhuneshwar Koery 2. Arjun Prasad Kushwaha, son of Late Bhuneshwar Koery 3. Shyam Sunder Kushwaha, son of Late Bhuneshwar Koery 4. Sakaldeo Kushwaha, son of Late Bhuneshwar Koery 5. Sahdeo Kushwaha, son of Late Bhuneshwar Koery 6. Amit Prasad Kushwaha, son of Late Bhuneshwar Koery 7. Narain Koery, son of Late Bhikhan Koery 8. Ganesh Koery, son of Late Bhikham Koery All by category- OBC, are residents of village Chandwar, P.O. Chandwara, P.S. Chandwara, District Koderma, Jharkhand 9. Ramasahay Koery, son of Late Janki Koery 10. Ramchandra Koery, son of Late Bishun Koery 11. Dhiraj Kushwaha, son of Late Narain Kushwaha 12. Suraj Kushwaha, son of Late Narain Kushwaha 13. Ishwar Kushwaha, son of Late Bihari Koery 14. Nunman Koery, son of Late Babun Koery Sl. Nos.9 – 14 are residents of Village & P.O. Chandwara, P.S. Chandwara, District Koderma 15. Puja Devi, daughter of Late Narain Kushwaha and wife of Anil Koery 16. Hemlal Koery, son of Late Siba Koery 17. Amrit Koery, son of Late Siba Koery Sl. Nos.15 to 17 are residents of Village Barsot, P.O. Barsot, P.S. Barhi, District Hazaribag, Jharkhand .... .... .... Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Sahadeo Choudhary, Advocate For the Opp. Parties : ------ Order No.02 / Dated :18 .12.2025 Instant civil miscellaneous petition is preferred by the defendants for setting aside the order dated 18.09.2025 passed in O.S. No.84 of 2022 whereby and whereunder the learned trial Court has permitted the plaintiffs 2025:JHHC:38065 to file examination-in-chief on affidavit afresh of P.W. 4 and granted permission to the defendants to cross-examine the witness, as the signature of the witnesses on the examination-in-chief was absent. 2. It is submitted by the learned counsel on behalf of the petitioners/defendants that earlier examination-in-chief on affidavit of P.W. 4- Sahdeo Kushwaha was filed before the learned trial Court and he was cross-examined at length. It was however pointed out that the signature of P.W. 4- Sahdeo Kushwaha on examination-in-chief on affidavit was missing. Main grievance of the petitioners is that once he has cross-examined the witness and material facts has come in his deposition, he does not intend to cross-examine the same witness over again. 3. Learned counsel does not raise any serious objection so far filing of examination-in-chief on affidavit is concerned, as it has been filed in the same version, but he is disinclined to cross-examine the said witness. 4. I do not find any difficulty to accept the prayer made on behalf of the defendants that since he has already cross-examined the said witness, therefore, he will be relieved from further cross-examination as the same version of examination-in-chief on affidavit has been filed on his behalf and earlier cross-examination will be treated as a valid piece of evidence. With this observation, Civil Miscellaneous Petition stands disposed of. Pending Interlocutory Application, if any, is also disposed of. (Gautam Kumar Choudhary, J.) Anit Uploaded 19.12.2025