JUDGMENT :

The present civil miscellaneous petition is taken up today through Video conferencing.

2. The present civil miscellaneous petition has been filed for quashing and setting aside the order dated 22nd January, 2020 passed by learned Civil Judge (Junior Division), Bokaro in Title (Eviction) Suit No.02 of 2011, whereby the learned court below has rejected the petition filed by the defendant/petitioner for recalling the order dated 23rd November, 2019 by which the evidence of the petitioner was closed and the record was fixed for argument.

3. The learned counsel for the petitioner submits that the plaintiff/respondent filed Title (Eviction) Suit No.02 of 2011 against the petitioner seeking decree of ‘Khas’ vacant possession of the suit premises. In the said case, the evidence of the plaintiff was closed on 16th June, 2017 and the defendant/petitioner had produced only six witnesses out of seventeen for their examination. On 23rd November, 2019, the defendant/petitioner filed time petition for adducing evidence, however, the same was rejected by the learned court below and the case was fixed for argument on 2nd December, 2019. The defendant/petitioner filed an application for reca