3/21.6.2010 Heard.
This writ petition has been filed for quashing the order dated 15.1.2010, passed by learned Sub Judge-1st, Godda, passed in
Title Suit No. 65 of 1997, refusing to recall the order dated 25.8.2009 as well as order dated 10.12.2009
It is submitted that out of 15 witnesses on behalf of defendants-petitioners, only 2 were examined and 13 important witnesses are left for examination.
It is further submitted that due to change of lawyer, counsel has said that he has got no instruction. It is submitted that in these circumstances, in the interest of justice, petitioners may be given chance to adduce the evidence and close the case within a fixed time.
It appears from the impugned order that suit was pending for evidence on behalf of the defendants since 21.9.2005 and ultimately the evidence of defendants was closed vide order dated 25.8.2009 after giving sufficient opportunity to them and then the petition dated 27.8.2009 filed on behalf of the defendants-petitioners were rejected on 10.12.2009 as it was not pressed by the counsel saying that he has got no instruction. Thus, it appears that the defendants-petitioners were given sufficient time to examine the witnesses from 21.9.2005 till the evidences were closed on 25.8.2009
In the circumstances, I am not inclined to interfere with the impugned order in exercise of the powers under Article 227 of the Constitution of India. Accordingly, this writ petition is dismissed.