(1.) The appellant-respondent-defendant (Sri Vijayanand Puri) has put up a challenge to the order dated 16.03.2018 passed in C.W.J.C. No. 19517 of 2013 passed by a learned Single Judge of this Court whereby the order passed by the Trial court viz. Sub-Judge VI, Patna in Title Suit No. 19 of 1996 dated 13.08.2013, recalling the order dated 12.02.2013 whereby by the evidence of defendant no. 1 in the suit was closed and allowing the appellant to prove the documents filed on his behalf, has been set aside.
(2.) It appears that the respondents, by way of Title Suit No. 19 of 1996, had sought declaration of their title over the suit land and sought a further declaration that the sale deed executed by one Nago Devi in favour of the appellant with respect to disputed land is fraudulent and therefore not binding on the respondents.
(3.) It further appears from the order impugned that the suit was tried and was fixed for judgment on 20.05.2013. The case was adjourned on that date and another date of 03.06.2013 was fixed for judgment. On that day, case laws were cited by the respondents-plaintiffs and the appellant-defendant took time for filing judgments in reply. As a result, the case was adjourned to 05.06.2013 for hearing and judgment. The matter was again posted on 12.06.2013 for judgment. On that date, the appellant sought an adjournment for further arguments on the question of law, which prayer was allowed and the case was fixed for arguments on 01.07.2013 at the instance of the appellant.