Heard Shri S.D. Padiyar, learned Counsel appearing for the petitioners and Shri A. Gomes Pereira, learned Counsel appearing for the respondents.

2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives service.

3. The above petition seeks to quash an order passed by the learned Civil Judge Junior Division dated 17/10/2012 and 9/11/2012 whereby the learned Judge has closed the evidence of PW3 and proceeded to record the evidence of the respondents herein and rejected the application to recall/review the said order.

4. Shri S.D. Padiyar, learned Counsel appearing for the petitioners has pointed out that the matter was posted for evidence of PW3 on 17/10/2012 and there was a direction by the learned Judge to initially produce the affidavit of the said witness on 29/09/2012. The learned Counsel further points out that on the said date the learned Judge had directed the petitioners to furnish such advance copy of the affidavit to the learned advocate appearing for the respondents before the next date of hearing i.e.17/10/2012. The learned Counsel further pointed out that in compliance with the direction of the learned Ju