2025:JHHC:2473 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 404 of 2025 Basant Mahto @ Basant Prasad Yadav, S/o Jaipal Yadav, Resident of village-Marchaia, Ward No. 3, P.O Tatidiri, P.S. Dhurki, Dist Garhwa ..... .... Petitioner Versus 1. Lalan Bhuiyan 2. Parmeshar Bhuiyan 3. Ram Badan Bhuiyan 4. Nagdeo Bhuiyan Sons of late Jatin Bhuiyan 5. Lagan Bhuiyan 6. Ganesh Bhuiyan 7. Ramesshwar Bhuiyan Sons of late Hardeo Bhuiyan 8. Beni Bhuiyan Son of late Basudeo Bhuiyan All are residents of village-Marchaia, P.S.+ PO Dhurki, District Garhwa … …. Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY …………. For the Petitioners : M/s Kanti Kumar Ojha, Advocate Rajan Anand & Sahja Nand Saraswati, Advocate For the O.P(s) : Mr. Manoj Kr. No.2, Advocate ------ Order No. 07 / Dated : 20.08.2025. Heard learned counsel for the parties. 1. Petitioner is the defendant in Original Suit bearing O.S. No.205 of 2020 and is aggrieved by the order dated 04.10.2024 by which, the petition dated 09.10.2023 filed by the defendant(s) for extension of time for examination of witness has been rejected. 2. It is submitted by learned counsel for the petitioner that evidence of the defendant was closed on 24.08.2023 and the time was allowed on 14.08.2023 for examination of defence witness(es), but the same could not be produced as the witness comes from poor and marginalized section of the society and as such, the defendant could not examine the material witness 2025:JHHC:2473 2 i.e. Shiv Mahto (Defendant No.1). His non-examination will cause miscarriage of justice. 3. Learned counsel for the plaintiff(s)/ respondent(s) has defended the impugned order and submits that the Suit is of the year 2011 and sufficient opportunity was given for the same, but the same could not utilized. 4. Having considered the submissions advanced on behalf of both the sides and from the report of the Trial Court regarding stage of the trial, it appears that the case is pending at the stage of argument. However, since defendant No.1 has not been examined, it will be in the interest of justice to permit his examination. 5. Under the circumstances, the impugned order is set aside and prayer is allowed subject to payment of a cost of Rs.5,000/- [Rupees Five Thousand] to the plaintiff(s)/ respondents and the examination of witness will be concluded within one week i.e. from 25.08.2025 to 29.08.2025. None of the side shall seek adjournment during this period. The instant CMP stands disposed of. Pending I.A., if any, also stands disposed of. (GAUTAM KUMAR CHOUDHARY, J.) Sandeep/