(1) HEARD the learned Advocates appearing on behalf of the parties.

(2) THIS is an application under Article 227 of the Constitution of India directed against an order dated 2nd February, 2007 passed by the learned civil Judge (Junior Division), 1st Court, Chandannagar in Title Suit No. 95 of 2004.

(3) BY the said impugned order, the plaintiffs petition under Sections 137 and 138 of the Evidence Act was rejected by the learned Court below inter alia with the following observations :

"on perusal of the petition, I find that no schedule has been mentioned regarding the questions to be put forth to the witness. Even from the contents of the petition, it cannot be concluded as to what questions are to be put to the witness on recall. The contents of the petition are vague and this petition can not be allowed because of its ambiguity. Hence, it is ordered that the petition under Sections 137 and 138 Evidence Act be and the same is rejected on contest. "

(4) BEFORE proceeding to decide whether the impugned order is sustainable in law or not, in my view the two relevant sections of the Indian evidence Act, 1872 needs to be looked into. For convenience, Sections 137 and 138 of the