PREM LAL YADAV Vs. SHIV NARAYAN YADAV

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The defendant have filed this application under Article 227 of the Constitution of India against the order dated 28.6.2008 passed by Subordinate Judge, 1st Araria in Title Suit No. 78 of 2001 refusing to recall the order dated 30.8.2007 whereby the learned Court below has closed the evidence of the defendant and fixed the case for argument.

(3.) The learned counsel for the petitioner submitted that the evidence of the petitioner was going on and during that period, an application was filed seeking permission to produce some documents mentioned in Annexure-1 but when the case was called out, nobody appeared to press the application so the learned Court below rejected the said application on 30.8.2007. The petitioner then filed recall application which has been rejected by the Court below on the ground that in each (sicwhich?)Court the Advocate was busy has not been disclosed and that the statement of which paragraph is true to the knowledge of the petitioner and which are based on record has not been mentioned and that the suit is very old and it will delay the matter. According to the learned counsel, only on the ground of delay, the justice cannot be denied and moreover the application was rejected when the counsel for the petitioner was busy in another Court the documents which the petitioner is desiring to produce are essential for just decision in the suit and most of the documents are public documents. Therefore, the learned Court below could not have rejected the same either on the ground of delay or on technical ground.