U.N. Sinha, J.

This application under Section 25 of the Provincial Small Causes Court Act has been filed by the plaintiff and it is directed against an ORDER :passed by the learned Small Cause Court Judge, Hazaribagh, dated the 1st December, 1967, dismissing ex parte a suit claiming Rs. 47.40 paise as arrears of taxes and education cess in respect of holding no. 171, Ward No. 3 of Hazaribagh Muncipality. It appears that the plaintiff had examined one witness to prove the claim and the learned Judge has stated that mere statement of a witness cannot be said to be primary evidence, and, therefore the plaintiff’s claim failed. In my opinion, the reason given for dismissing the suit cannot be supported, as there is no material on record to come to a conclusion that the plaintiff had tried to suppress material evidence in proof of its claim. The plaintiff should be given a further opportunity to prove its claim in the suit. There is no opposition in this Court. The application is, therefore allowed and the suit is remanded to the trial court for re-hearing. There will be no ORDER :for costs.

Suit remanded.