SHATRUGHAN PANDEY Vs. RAJ GOVIND PANDEY

JUDGEMENT

(1.) THIS revision application under Section 115 of the Code of Civil Procedure is directed against the order dated 8.8.2003 recorded by the learned Civil (Sub -ordinate) Judge VII, Siwan, in Title Suit No. 160 of 1984, whereby, the petition filed by the present petitioner dated 11.7.2003 for recalling the order dated 30.6.2003 closing evidence of the petitioner came to be rejected. That is the gist of this petition.

(2.) THE suit is for partition of the properties amongst the sharers. Despite the due service none has appeared for and on behalf of the opposite parties -plaintiffs. Looking the object of the petition and nature of controversy in relation to the claim over immovable properties in a Partition Suit the amount of cost awarded, subject to the same being deposited the cross - examination was to be permitted, was not accepted by the trial court for delay, the order of the trial Judge cannot be sustained.

(3.) WITH the aforesaid observation and direction, this petition shall stand disposed of.