IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1300 of 2017 ====================================================== Sri Rajiv Prakash Rai S/o late Sita Ram Yadav Resident of Mohalla Guzari Bazar, Ashok Raj Path, Opposite of Oriental College, P.S. Khajkalan in the town and District of Patna, Pin Code No. 800008. ... ... Petitioner/s Versus 1. Estate Of Late Sita Ram Yadav and Ors Son of late Moti Lal Resident of Mohalla- Guzari Bazar, P.O. Patna City, P.S. Khajekalan town and District Patna. 2. Sri Suresh ageda about 67 years S/o late Sita Ram Yadav Resident of Mohalla- Guzari Bazar, P.S. Khajekalan in the town and District Patna. 3. Aakash Rai aged about 35 years null 4. Suraj Prakash Rai aged about 32 years Both Sons of Sri Suresh Kumar All Resident of Mohalla- Guzari Bazar, P.S. Khajekalan in the town and District Patna Pin Code No 800008 5. Smt. Lali Devi aged about 65 years W/o Surendra Kumar Chandra and D/o late Sita Ram Yadav Resident of Mohalla Bajrang Puri, P.S. Alamganj, Pin Code No. 800007, in the town and district of Patna. 6. Smt. Bibha Rani @ Kiran Devi aged about 53 years W/o Sri Nand Kishore Prasad and D/o late Sita Ram Yadav Resident of Mohalla Chak Pitampur, vikhuaa, P.S. Fatwah in the district of Patna at present residing at Shiroor Railway Station , P.O. Shiroor Talukkundu Pura, District Odupi , Pin Code 576228 in the state of Karnatak. 7. Smt. Madhuwala aged about 49 years W/o Rakesh Kumar D/o late Sita Ram Yadav Resident of Village- Bhawanpur, P.O. Fathehpur, P.S. Avatar Nagara, District Chhapra Saran, Pin code - 841202. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 12 06-01-2026 The present Civil Miscellaneous application has been filed for setting aside the order dated 07.06.2017 passed in Titile Suit No. 10 of 2006 arising out of probate case no. 46 of 1993 by which the evidence of P.W. no. 2 and P.W. no. 3 namely Raj Kumar Jaishwal and Sanjay Kumar respectively was expunged due to non producing them for cross-examination by the opposite Patna High Court C.Misc. No.1300 of 2017(12) dt.06-01-2026 2/2 party. 2. During the course of arguments, learned counsel for the petitioner submits that both the witnesses were residing outside the State for their livelihood at the relevant time and, therefore, they could not be produced earlier for valid reasons. It is further submitted that the petitioner is now ready to produce both witnesses within a period of one month for their cross- examination by the opposite party. Their cross-examination is necessary for the proper and complete adjudication of the case. 3. Keeping in view the aforesaid facts and the submissions made by learned counsel for the petitioner, the impugned order is set aside and an opportunity is granted to the petitioner to produce the aforesaid two witnesses, who are the identifiers of the Will, for their cross-examination by the opposite party. 4. Accordingly, the instant application stands allowed, subject to payment of costs of 1,000/- (Rupees One Thousand ₹ only) by the petitioner to the opposite party. Ankit Kumar/- (S. B. Pd. Singh, J) U