IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13739 of 2011 Harendra Prasad Versus Shivnandan Bhagat & Ors ---------------------------------- 02. 24.08.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the impugned order dated 04.07.2011 passed by Sub Judge Vth, Motihari in partition Suit No.207 of 2007. The learned Court below has refused to recall the earlier order dated 04.04.2011 whereby considering the facts and circumstances of the case, the learned Court below directed the petitioner to adduce evidence. It appears that the plaintiff’s evidence had already been closed. Thereafter, the dispute arose between the defendant No.4 and 5 as to who will adduce evidence first. It appears that the learned Court below found that both of them have filed joint written statement and, therefore, by the impugned order directed the petitioner to adduce evidence first. In view of the above facts and circumstances of the case, in my opinion, it is not a case of jurisdictional error or that it is a case of failure of justice or grave injustice has occasioned. I, therefore, find no reason to interfere with the impugned order whereby the learned Court below refused to recall the earlier order. In the result, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)