M.L. Mehta, J.—This petition is filed under Article 227 of the Constitution impugning the order dated 14.11.2011 of Civil Judge in Suit No. 367 of 2010 whereby an application under Section 137 of the Indian Evidence Act of the plaintiff (the respondent herein) was allowed.

2. The petitioner is a tenant/defendant in the suit which has been filed against him by the respondent/plaintiff. The plaintiff had examined PW2 Ashwani Kumar Mittal as one of his witnesses. The plaintiff/respondent had moved application under Section 137 of the Indian Evidence Act for re-examination of PW2 which was allowed by the learned Civil Judge vide the impugned order against cost of Rs. 500/-. Thereafter, this PW2 was recalled and re-examined on 02.12.2011 in view of the order dated 14.11.2011.

3. The impugned order has been assailed by the petitioner on the ground that the re-examination of PW2 was unwarranted and has caused prejudice to the petitioner/defendant. It is also submitted by the learned counsel for the petitioner that no reason has been given by the learned Civil Judge while recalling PW2 for re-examination.

4. I have heard learned counsel for the petitioner as also the responden