HARI NARAYAN YADAV Vs. APURB KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the order impugned.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dtd. 1/10/2018 passed by the learned Munsif, Kahalgaon, Bhagalpur in Title Eviction Suit No.2 of 2012 whereby a petition filed for recall of the order dtd. 30/1/2018 closing the evidence of the petitioner has been rejected and the case has been fixed for argument.

(3.) Learned counsel for the petitioner submitted that in the interest of justice the court below ought to have allowed the application filed by the petitioner for recall of the order dtd. 30/1/2018 closing the evidence of the petitioner. He contended that by not allowing the application the learned Munsif has committed gross illegality and the order impugned is fit to be set aside.