HASIM KHAN Vs. MD. MANIRUDDIN

JUDGEMENT

(1.) Heard learned counsel for the plaintiff petitioner and learned counsel for the defendants opposite parties.

(2.) The plaintiff petitioner is aggrieved by the order dated 23.11.2017, passed by the learned Sub-Judge-IV, Giridih, in Miscellaneous Case No. 17 of 2017, dismissing the said miscellaneous case, which was filed for reviewing the order dated 08.05.2017 passed in T.S. No.65 of 2013, and for restoring the suit, which had been dismissed by the Trial Court, invoking Order XVI Rule 20 of the Code of Civil Procedure.

(3.) The necessary facts of this case lie in a short compass. The issues were framed in the aforesaid title suit on 24.11.2016, and the plaintiff was directed to file the list of witnesses. The list of witnesses was also filed on 22.02.2017. On 19.04.2017, time petition was filed for producing the witnesses which was allowed, and the case was fixed for 08.05.2017. On 08.05.2017, both the parties had put their attendance in the Court, but when the case was called out, no one appeared and the Court dismissed the suit, invoking Order XVI Rule 20 of the Code of Civil Procedure, stating that the case is dismissed for want of evidence of the plaintiff. It was against this order that the miscellaneous case was filed by the plaintiff, for reviewing the order, stating that the Court below had wrongly dismissed the suit under Order XVI Rule 20 of the CPC, but the Court dismissed the miscellaneous case as well, by the impugned order dated 23.11.2017.