Patna High Court

Gopal PrasadversusNagendra Prasad

Decided: 23 March 2026
Disposal: DISMISSED
Bench: S B P SINGH

Holding

The trial court’s order allowing the recall and re‑examination of the witness is upheld and the civil miscellaneous application is dismissed.

Summary

The petitioner sought to set aside a Sub‑Judge’s order that allowed the defendants to recall and re‑examine a witness in a title partition suit, arguing that the witness had not been cross‑examined and thus his testimony lacked evidentiary value. The trial court had permitted the defendants to re‑examine the witness upon payment of a nominal cost, accepting their claim that they were unable to cross‑examine earlier because they were out of town. The High Court noted that under established law a witness’s evidence is ineffective without cross‑examination, but found no illegality in the trial court’s discretion to allow the recall. Consequently, the High Court upheld the impugned order and dismissed the civil miscellaneous application, while urging the trial court to expedite the pending partition suit.

Issues considered

Whether the trial court erred in allowing the defendants to recall and re‑examine a witness who was not cross‑examined earlier
Whether the order setting aside the Sub‑Judge’s decision is legally valid

Subjects

partition suit
cross‑examination
evidentiary value
civil procedure
recall of witness
order setting aside

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
            CIVIL MISCELLANEOUS JURISDICTION No.507 of 2024
     ======================================================
     Gopal Prasad Son of- Late Balgovind Ravat Resident of Village- Kajipur,
     P.O.- Rasalpura, P.S- Doriganj, District- Saran (841211)

                                                                ... ... Petitioner/s
                                        Versus
1.   Nagendra Prasad Son of Late Bateshwar Ravat Resident of Village- Kajipur,
     P.O.- Rasalpura, P.S.- Doriganj, District- Saran (841211).
2.   Satyendra Prasad Son of Late Bateshwar Ravat, Resident of Village-
     Kajipur, P.O.- Rasalpura, P.S.- Doriganj, District- Saran (841211).
3.   Jitendra Prasad Son of Late Bateshwar Ravat, Resident of Village- Kajipur,
     P.O.- Rasalpura, P.S.- Doriganj, District- Saran (841211).
4.   Asha Devi, Wife of- Raghuvansh Prasad, Daughter of- Late Bateshwar
     Ravat, Resident of Village- Majlishpur, P.O- Mathura, Sultanpur, P.S-
     Bidupur, District- Vaishali.
5.   Meena Devi, Wife of - Manohar Rai, Daughter of- Late Bateshwar Ravat,
     Resident of Village- Chandvara, P.O- Lalganj, P.S- Lalganj, District-
     Vaishali at present resident of Village- Kajipur, P.O- Rasalpura, P.S-
     Doriganj, District- Saran.
6.   Bhagwan Sah, Son of- Late Mahendra Sah, Resident of Village- Manpur,
     P.O- Rasalpura, P.S- Doriganj, District- Saran.
7.   Madhu Devi, Wife of- Sudhanshu Kumar, Resident of Village- Kajipur, P.O-
     Rasalpura, P.S- Doriganj, District- Saran.
8.   Subodh Kumar Son of Damodar Ravat, Resident of Village- Manpur, P.O-
     Rasalpura, P.S- Doriganj, District- Saran.
9.   Sudhir Kumar Son of Damodar Ravat Resident of Village- Manpur, P.O-
     Rasalpura, P.S- Doriganj, District- Saran.
10. Phulpati Devi, Wife of Ravidra Prasad, Daughter of- Late Balgovind Ravat,
    Resident of village- Murtuzapur, P.O- Jandaha, District- Vaishali at present
    Village- Kajipur, P.O- Rasalpura, P.S.- Doriganj, District- Saran.
11. Devanti Devi, Wife of- Baijnath Rai, Daughter of - Late Balgovind Ravat,
    Resident of village- Lavapur, P.O- Lavapur, P.S- Mahnar, District- Vaishali
    at present Village- Kajipur, P.O- Rasalpura, P.S- Doriganj, District- Saran.
12. Munga Devi Wife of- Aklu Ravat, Resident of Village- Kajipur, P.O-
    Rasalpura, P.S- Doriganj, District- Saran.
13. Manoj Kumar Son of Aklu Ravat Resident of Village- Kajipur, P.O-
    Rasalpura, P.S- Doriganj, District- Saran.
14. Sanjay Kumar Son of Aklu Ravat Resident of Village- Kajipur, P.O-
    Rasalpura, P.S- Doriganj, District- Saran.
15. Beby Kumari Daughter of Aklu Ravat Resident of Village- Kajipur, P.O-
    Rasalpura, P.S- Doriganj, District- Saran.
16. Vibha Kumari Daughter of Aklu Ravat Resident of Village- Kajipur, P.O-
    Rasalpura, P.S- Doriganj, District- Saran.
Patna High Court C.Misc. No.507 of 2024 dt.23-03-2026
                                             2/3




                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s      :        Mr.Baban Kumar
       For the Respondent/s      :        Mr.
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
       ORAL JUDGMENT
         Date : 23-03-2026

                     This Civil Miscellaneous Application has been filed for the

       following reliefs:

                            “(i) For setting aside the order dated
                 04.01.2023 passed by the learned Court of Sub Judge
                 VII, Chapra in TPS No 350 of 2006.

                              (ii) For directing the Trial Court to dispose
                 of the Title Partition Suit at the earliest.

                            (iii) For granting any other relief/reliefs for
                 which the petitioner is entitled for.”

                     2 Heard learned lawyer for the petitioner. He submits that Title

       Partition Suit No 350 of 2006 has been filed for partition of the suit property.

       In this case, issues were framed on 28.03.2011 which appears from the

       impugned order. Subsequently, amendment petition on behalf of the plaintiff

       was filed which was allowed on 25.07.2019. One of the witness examined on

       behalf off the plaintiff was not cross examined by the defendant first set, i e,

       defendants No 1, 2 and 3. Subsequently, a petition to recall the witness was

       filed on 21.12.2022 against which rejoinder was also filed on 21.03.2023.

       Ultimately, the recall petition of defendants was allowed and they were

       permitted to examine the witness earlier examined subject to payment of cost

       of Rs 6,00/- to the plaintiff.

                     3 It is well settled that without cross examination, the evidence of

       any witness has no evidentiary value. Further, defendants have pleaded, as
             Patna High Court C.Misc. No.507 of 2024 dt.23-03-2026
                                                          3/3




                    per impugned order, that they were outside the town so they could not cross

                    examine the said witness and considering the above facts, the trial Court has

                    allowed the petition filed by the defendants. So, there is no illegality and

                    infirmity in the impugned order.

                                  4 Accordingly, the impugned order is upheld and the Civil

                    Miscellaneous Application is dismissed.

                                  5 The learned trial Court is requested to expedite the trial.




                                                   (S. B. Pd. Singh, J)
M.E.H./-
AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date               26.03.2026
Transmission Date                 NA

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Baban Kumar