Ramesh Kr.Datta, J.

1. Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. The civil revision has been filed against the order dated 30.6.2004 passed by the Munsif, Sikrahana at Motihari, in Misc. Case No. 25/03 by which he has allowed the petition dated 20.9.2003 filed by the opposite parties under Order IX Rule 9 of the Code of Civil Procedure for setting aside the dismissal of the Eviction Suit No. 11 of 2000 on account of non- production of list of documents and witnesses.

3. The petitioner is the defendant in the aforesaid eviction suit which was filed for evicting the defendant from the suit property and for delivery of possession and recovery of rent due on the premises and for further consequential reliefs.

4. After the issues were framed the parties were directed to produce their list of documents and witnesses. On 21.8.2003 the court below finding that despite several adjournments having been granted neither list of witnesses nor the documents had been produced and for the said reason in the absence of sufficient evidence and proper pairvi dismissed the suit. Against the said order the opposite parties filed Misc. Case No. 25