IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.578 of 2009 Dhanik Mahto, son of late Bhagaloo Mahton, resident of Village Balha Chhotee, Pargana Farkia, P.O. Balha, Bazar, P.S. Mansi (Chautham), District- Khagaria ----- Plaintiff--- Petitioner. Versus 1. Smt.Kiran Devi, wife of late Ashok Kumar 2. Gaurav Kumar, minor son of late Ashok Kumar. 3. Banti Kumari, D/O late Ashok Kumar minor under guardianship of mother Smt. Kiran Devi, all resident of Village and P.O. Saidpur, P.S. Mansi (Chautham), District- Khagaria ---- Defendants --- Opposite Parties. ---------------------------------- 4. 25.11.2011 Heard Mr. Shekhar Kumar Singh for the petitioner. The plaintiff of Title Suit No. 54 of 1997 has preferred this civil revision application under the provisions of Section 115 of the Code of Civil Procedure, and is directed against the order dated 3.12.2007, passed by the learned Munsif, Khagaria, whereby he has rejected the plaintiff’s application to recall Kiran Devi (defendant no.1), for re-examination. We have perused the materials on record and considered the submissions of the learned counsel for the petitioner. The plaintiff field the application in question before the learned trial court to recall Kiran Devi, (defendant no.1), for her re-examination which has been rejected by the impugned order on the ground that both 2 sides have closed their evidences, and oral arguments have commenced. The learned trial court has further observed in the impugned order that this is an attempt on the part of the plaintiff to delay the disposal of the suit. It further appears to us that the suit is of 1997, being a very old suit. Furthermore, the impugned order was passed way-back on 3.12.2007, and the progress in the suit since then has not been brought to our notice. In that view of the matter, we agree with the impugned order. The civil revision application is dismissed. Vinay/ ( S. K. Katriar, J.)