ASHOK KUMAR YADAV Vs. DHIRENDRA NARAYAN SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dtd. 22/8/2023 passed by the learned Civil Judge, (Sr. Div.)-I, Koderma in Title Suit No.37 of 2013 by which the petition dtd. 14/7/2023 for recall of the order dtd. 26/8/2022 has been allowed with a cost of Rs.4,500.00 to be paid to the defendant. Factual Matrix

(2.) The brief facts of the case as pleaded in the present petition are as under:

(3.) It is evident from the factual aspects as taken note of by the learned trial Court in the impugned order that the trial Court vide order dtd. 26/8/2022 has closed the evidence and posted the matter for argument. A petition dtd. 14/7/2023 has been filed by the plaintiff assigning the reason that the evidence of the plaintiff although has been closed but the witness no.2 needs to be examined since he has partly been cross-examined but, in the meanwhile, he has gone to Christian Medical College, Vellore where he remained while getting his treatment for six months and, therefore, the part cross-examination could not have been conducted which required necessary and, hence, the closure of the plaintiff witness vide order dtd. 26/8/2022 is required in the suit and for the aforesaid purpose the petition was filed on 14/7/2023 for recall of the order dtd. 26/8/2022.