Consideration of old witness after reopen of civil case

Sir it is the sole discretionof the court to consider the witness .

Dear Friend,

Thanks for Reply.

Basic matter is that the purpose of reopenning of Case has not been fullfilled. The Respondent had not produced any witness . Also they have not used time of Argument. Respondent had challanged the registered deed of Partition made by his Grand Father, Grand Mother, father & all his Uncles.  

After Reopenning Petitioner's  one witness written & oral statement and one witness written statement is in court record.

After that petitioner didnot able to produced further witness as they became major Accident with spinal injury and operation has been conducted in AIIMS Delhi. Time petition given by Petitioner's Advocate alongwith all hospial docements & timeto time treatment. On the meanwhile court changed & new court has closed the witness of Petitioner and given chance to respondent which closed without any witness.

10 year back before reopenning of the case all 5 witness writen & oral statement is in record of court produced by Petitioner.

Now case is in argument of Petitioner from previous date.

Pl. confirm what is the way to get order considering old witness of Petitioner. 

Whether Case would be dismissed or order will come according to  registered deed of Partition available on record?

Regards

Adv. Rajesh K. Sharma

Taxation - Vasai (Mumbai)