RAMAN KUMAR Vs. ANUP KUMAR SARAN

JUDGEMENT

(1.) I have heard Mr. Vijay Kumar on behalf of the petitioner and Mr. Anish Chandra Sinha on behalf of the respondent.

(2.) This application under Article 227 of the Constitution of India has been filed by the defendant-petitioner against the order dated 08.10.2009 passed by execution Munsif, Muzaffarpur in Title Suit No.218 of 1990 whereby the learned Court below closed the evidence of the petitioner.

(3.) The learned counsel for the petitioner submitted that only on one date when the petitioner did not appear for his cross-examination due to his illness, the learned Court below arbitrarily closed the evidence of the petitioner and, therefore, the impugned order is liable to be set aside and the petitioner be granted a chance for his cross-examination.