MD. SHAMIM AHMAD Vs. SHANKAR MITRA

JUDGEMENT

(1.) Heard the parties.

(2.) IN this writ petition, the petitioner has challenged the order dated 25.2.2008 passed by the Sub -Judge, Vth, Dhanbad, allowing the petition filed on behalf of the plaintiff -respondent to close the evidence of the plaintiff, and also the order dated 5.6.2008, closing the evidence of defendant -petitioner.

(3.) THE Pleader Commissioner discharged the plaintiff and returned his evidence to the Court. Thereafter the defendant -petitioner filed a petition to recall the plaintiff witness for cross -examination which was allowed on 2.1.2008 on the condition of payment of cost of Rs. 250/ - as Pleader Commissioner's expenses and additional expenses of Rs. 500/ - by the next date, failing which, the such petition filed by the de.fendant -petitioner was to be treated as rejected, but inspite of several opportunities given to him, instead of depositing the said amount of Rs. 500/ -, he contended that the said amount should be recovered from him at the time of passing the judgment and decree in the suit. In these circumstances, the plaintiff -respondent filed a petition for closing his case which was allowed by the impugned order dated 25.2.2008.