ARUN KUMAR GUPTA @ ARUN KUMAR, SON OF LATE BENGA SAO Vs. SRI KISHORE GOSWAMI SON OF LATE DEV NARAIN GOSWAMI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE Defendant -Petitioner is aggrieved by the order dated 23.3.2007, passed by the Munsif, Patna City in Title Eviction Suit No. 11 of 2005, rejecting his petition dated 7.3.2007 filed for recall of order dated 29.11.2006. It has been urged on behalf of the petitioner that the court below vide order dated 13.10.2006 has not only denied an opportunity to the petitioner to cross -examine certain witnesses produced on behalf of the plaintiff, who is opposite party herein, but has also closed the evidence of the defendant in spite of the fact that there was no willful negligence or laches on his part. Accordingly, the aforesaid order dated 13.10.2006 was sought to be recalled by the defendant by filing a petition on 19.10.2006, but the same was also dismissed as not pressed on 18.11.2006. Again, the prayer for recall of the order was renewed on 29.11.2006, but the same was rejected on 24.1.2007. Subsequently, again a prayer for recall of earlier order was made on 7.3.2007, which has again been rejected by the impugned order dated 23.3.2007. The contention is that the court below ought to have given another opportunity for recall of certain witnesses of the plaintiff and also for examining the witnesses on behalf of the defendant.

(3.) LEARNED counsel for the opposite party submits that the entire order sheets of the Eviction Suit concerned, which have been filed by him, go to reveal the negligence and deliberate laches on the part of the defendant -petitioner. The whole idea is to somehow delay the suit for eviction which has been filed on the ground of personal necessity.