MD. NASIM Vs. KHURSHID ANSARI

JUDGEMENT

(1.) The present civil miscellaneous petition has been filed for quashing the order dtd. 31/5/2022 passed by the learned Sub-Judge-VI (Civil Judge, Senior Division-VI), Deoghar in Title Suit No.103 of 2011, whereby the petition filed by the defendant nos.1 to 6/petitioners dtd. 20/5/2022 for recalling the order dtd. 15/2/2022, whereby the defendants' evidence was closed, has been dismissed and the case has been posted for argument.

(2.) Learned counsel for the petitioners submits that the plaintiffs/respondents filed a suit being Title Suit No. 103 of 2011 for the following reliefs:-

(3.) It is further submitted that the defendants appeared in the said case and filed their written statement. The evidence of the plaintiffs/respondents was closed on 28/11/2016 and, thereafter, the case was fixed for evidence of the defendants. The evidence of Md. Kamruddin Ansari (defendant's witness) was filed on 5/7/2017, however, for one reason or the other, cross-examination of Md. Kamruddin Ansari could not be done, though on various dates his attendance was filed before the court below and finally the evidence of the defendants was closed on 4/7/2019. The defendants filed an application for recall of the order dtd. 4/7/2019, which was allowed vide order dtd. 25/9/2019 with a direction to conclude the evidence within next four dates fixed by the court. It is also submitted that the defendants could not be able to examine their witnesses on the dates fixed by the trial court due to the reason beyond their control, for which they should not be penalized. The impugned order has been passed in haste without properly verifying the order-sheet of Title Suit No.103 of 2011 as well as the explanation submitted by the defendants. It is further submitted that if one opportunity is given to them, the defendants are ready to file examination-in-chief of all the witnesses along with affidavit. If they are not given an opportunity to lead evidence on their behalf, the same would cause irreparable loss and injury to them.