TEJA MAHTO Vs. JALESH MAHTO

JUDGEMENT

(1.) THIS writ application has been filed for quashing Annexure 1

(2.) BY Annexure 1 i.e. order dated 14.06.2007, learned court below closed the evidence of plaintiff as plaintiff and his witnesses were absent. It appears that plaintiff -petitioner filed an application in the court below for recall of aforesaid order contained in Annexure 1. But when the application was posted for hearing on 06.07.2007, on that day also plaintiff as well as his counsel were not present in the court for pressing the said application, therefore, by order dated 06.07.2007, the said application for recall of order dated 14.06.2007 has been dismissed as not pressed. Thereafter, no application filed for recall of the same.

(3.) SO far order dated 04.09.2007 (Annexure 5) is concerned, it is relevant to mention that petitioner filed an application under Order 18 Rule 16 C.P.C. for examination of plaintiff -petitioner as witness.