GAZO MAHTO Vs. MILU MAHTO

JUDGEMENT

(1.) Instant petition has been filed for quashing of order dtd. 28/1/2019 by which plaintiffs/petitioners' petition to recall the order dtd. 21/5/2018 which was passed for closing the evidence of plaintiffs, has been rejected.

(2.) The plaintiff's suit was earlier dismissed against which the appeal was preferred and the learned Appellate Court remanded the case for hearing on the ground that Deputy Commissioner had not been impleaded in terms of Sec. 46 of the C.N.T. Act.

(3.) After remand of the case, notice under Sec. 80 of C.P.C. was served on the Deputy Commissioner and the Circle Officer, Chandankiyari but the amendment in the cause title for impleading the Deputy Commissioner could not be made and the case was fixed for evidence of the plaintiffs on 5/2/2018 and several opportunities were granted and thereafter the evidence was closed on 21/5/2018.