VIJAY KUMAR CHOUDHARY Vs. NARMADESHWAR PRASAD SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing the order dated 05.10.2010 passed by the Sub-Judge-VI, Dhanbad in Title Suit No. 70/1999 whereby, the petition dated 05.10.2010 filed by the petitioners for recalling the order dated 23.09.2010 has been rejected. Further prayer has been made for issuance of direction upon the learned Trial Court to allow the petitioners to examine their Defence Witness No.5 as the last witness.

(3.) The factual matrix of the case is that Title Suit No. 70/1999 was filed by the plaintiffs/respondents in the Court of the Sub-Judge-I, Dhanbad for a decree of confirmation of title over the suit land. The defendants/petitioners appeared in the case and filed their written statement. While the case was fixed for examination of Defence Witness No.5, the petitioners filed a time petition on 23.09.2010, but the same was rejected by the Sub-Judge-VI, Dhanbad and the petitioners were debarred from adducing their further evidence. Thereafter, the petitioners filed a recall petition, which was also rejected by the Sub-Judge vide order dated 05.10.2010 holding, inter alia, that the defendants/petitioners have taken five years for adducing their evidence, which indicates their lingering attitude. It was further held that the case was adjourned six times for examination of DW.5 and on 23.09.2010 also, a time petition was filed by the defendants without any affidavit or document taking a plea that DW.5 has gone out of station due to personal reasons.