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Judgment
8 paragraphs · 395 wordsSanjay Kumar Dwivedi, J
Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the Opposite Parties.
This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 27.03.2024 passed by learned Civil Judge, Jr. Division-X, Giridih in Eviction Suit No.02/2011 whereby the learned court has been pleased to reject the petition dated 20.06.2022 which was filed for recalling of the discharged witnesses of the plaintiff/O.P.
The learned counsel for the petitioner submits that the said petition was filed for recall as the cross-examination was not done of the plaintiff witnesses. He submits that an opportunity may kindly be provided to cross examine the plaintiff witnesses.
Mr. Amar Kumar Sinha, the learned counsel for the O.P.No.1 has opposed the prayer and submits that the petitioner/defendant has been debarred to file the written statement by order dated 17.02.2012 and thereafter the recall petition was filed by the petitioner/defendant for filing of the written statement which was rejected by the learned court by order dated 11.01.2022 and that order has not been challenged before any higher Court and in view of that, the defense of the plaintiff/defendant are not made and the case is fixed for final argument and now such petition has been filed and the learned court considering all these aspects has been pleased to dismiss the same.
It is an admitted position that the petitioner/defendant has been debarred for filing of the written statement and the said suit is for the eviction on the ground of default in payment of rent. The recall petition for recall of the debarring the written statement by the defendant has been rejected by the learned court on 11.01.2022 and that was not challenged before any higher court and in view of that, the defense of the defendant are not there and now the case is fixed for final argument and at this stage the petition has been filed to recall the witnesses of the plaintiff which clearly suggest that only to linger the trial the said petition has been filed belatedly and the learned court has rightly appreciated all these aspects. No case of interference is made out.
C.M.P. No.1095 of 2024 is dismissed.
Pending petition if any also stands disposed of accordingly.