Vinod K.Sharma, J.

1. The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, to challenge the order dated 9.10.2009, attached as Annexure P-3/A with this Petition, vide which evidence of the petitioner was closed and also the order dated 18.11.2009 vide which application made to recall the order dated 9.10.2009 was dismissed.

2. Order dated 9.10.2009 reads as under:-

" Today case was fixed for PWs being last and final opportunity. No PW is present. Neither warrant issued against the witness as per order dated 10.8.2009 received back. Perusal of the file shows that plaintiff has availed several opportunities but has failed to conclude his entire evidence. Perusal of the file further shows that as per directions of the court, plaintiff could not get the service effected of the witness through bailable warrant also. Hence as per order dated 10.8.2009 and finding no justification for further adjournment for PWs the plaintiff evidence is ordered to be closed by court order. Now to come up on 30.10.2009 for DWs at own responsibility. List of witnesses be filed within seven days."

3. Though the remedy with the petitioner to challe