Heard Mr. S. Biswas, learned counsel for the petitioner as well as Mr. N. Dhar, learned counsel appearing for the respondents.

2. By filing this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 18.02.2015 passed by the learned Munsiff No. 3, Cachar, Silchar in T.S. No. 95/2005, rejecting the application for recalling the order dated 10.11.2014 and to cross-examine PWs No. 1 and 2.

3. On the perusal of the order dated 18.02.2015 passed by the learned trial court, it appears that on an earlier occasion by an order dated 31.08.2013, the cross-examination of the PWs was dispensed with and the evidence of PWs No. 1 and 2 was closed because the petitioner/defendant’s side remain absent till 12:15 PM. On an application being filed for recall of the order, the order dated 31.08.2013 was recalled by order dated 26.09.2014 at the cost of Rs.1500/- as a condition precedent and in course of time, the case was fixed on 10.11.2014. On that date, both the PWs. No. 1 and 2 were present but the petitioner/ defendant’s side did not turn up till 2:45 PM even after repeated calls and therefore, by order dated 10.11.2014, the cr