BIMLA DEVI Vs. RAMBHAJAN MAHTO

JUDGEMENT

(1.) This is an application by defendant No. 4 against order dated 8/5/2004 by which the learned Sub-Judge II, Samastipur has acceded to the prayer of the plaintiff in Title Suit No. 116 of 2002 to expunge the deposition of plaintiff witness No. 2 Ramdeo Singh from the evidence. While doing so, he has also recorded that this defendant's Advocate had agreed to such a prayer. Consequently, this revision is also directed against the subsequent order dated 15-5-2004 by which the learned trial Court has refused to recall the earlier order.

(2.) Notice was issued to the opposite parties by order dated 1-9-2004. Notices were duly served but none has chosen to appear.

(3.) Heard the learned counsel for the petitioner.