VIKRAMAJIT SEN, J.

( 1 ) THIS Petition under Section 115 of the Code of Civil Procedure has been filed against the Orders dated 4. 11. 2003 and 3. 1. 2004 passed in a Suit for Possession, damages/mense profit and injunction. On 4. 11. 2003 as no witness on behalf of the Defendant was present. The bailable warrants of Vijay Narain Seth had not been served despite several opportunities as well as a last opportunity. Since all these indulgences had not been availed of, the Defendant s evidence was closed and the case was fixed for final arguments. Thereafter, a Review application was filed under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure which was also dismissed by Orders dated 3. 1. 2004. The Suit has been pending for over one decade.

( 2 ) EVEN previously the Defendant s evidence had been closed but on its having preferred a Revision, this Court had passed the following Orders on 14. 1. 2004:

"1)-THAT the trial court shall fix a date preferably within four weeks from today for examination of the witness of the petitioner; 2) that the petitioner shall take steps within 7 days and will get the summons served on the official of M/s. Jagat Talkies and Distributo

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