SUMAN TIWARY Vs. RASHMI DUBEY

JUDGEMENT

(1.) This writ petition has been filed against the order passed by the Sub-Judge V, Jamshedpur in Title Suit No. 97 of 2003 rejecting the petition filed by the petitioner dated 08.10.2009 to recall part of the order dated 08.10.2009 by which petitioner's evidence was closed.

(2.) Mr. Sachin Kumar, appearing for the petitioner and Mr. Ananda Sen, appearing for the contesting defendants submitted that this case can be disposed of without issuing notice to respondent nos. 3, 4 & 5.

(3.) It is submitted by Mr. Sachin Kumar that after order was passed on 03.08.2009 in W.P.C. No. 649 of 2009, the defendants cross examined the petitioner on four dates. During course of such crossexamination, it transpired that it is necessary to adduce the evidence of family members whose name has come during cross-examination, and therefore, in the interest of justice petitioner may be allowed to conclude her case within a given time.