IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.443 of 2009 SURESH PRASAD, S/O LATE KISHORI LAL, R/O VILLAGE- MAUDVI JEHANABAD PANCH MOHALLA, P.S. & DISTRICT- JEHANABAD. ……………PLAINTIFF/PETITIONER. Versus ASHOK KUMAR KAUSHAL, S/O LATE BALKISHAN SAHU, R/O MOHALLA-MAUDAVI JEHANABAD GARERIYA KHAND, P.S.& DISTRICT-JEHANABAD. PRESENTLY RESIDING AT KHETAN MARKET GONE FLOUR G.NO. 151/DARIYAPUR, GOLA PATNA, DISTT. ……………DEFENDANT/OPPOSITE PARTY. FOR THE PETITIONER: MR. SHEEL BHADRA JHA, ADV. MR. ASHOK KUMAR, ADV. ----------- 3 08.04.2009 Heard learned counsel for the petitioner. This revision application has been filed by the plaintiff against order dated 20.1.2009 passed by Sub-Judge-I, Jehanabad in Title Suit No. 50 of 2004 by which the petition of the plaintiff dated 16.4.2008 for recall of the order dated 26.3.2008 by which the evidence of the plaintiff was closed has been rejected. Learned trial court has found that in support of the ground for non-appearance on 26.3.2008 made out in the petition dated 16.4.2008 the medical certificate had not been filed earlier. Therefore, the same has not been accepted by the trial court. Learned counsel for the petitioner submits that defendants have not appeared in 2 the suit till now. In the circumstances, he submits that no prejudice will be caused to any party if the order dated 26.3.2008 is recall and the plaintiff is allowed to lead his evidence. Considering the fact that the defendants have not appeared in the suit as yet, the matter is remitted back to the trial court to consider as to whether in the ends of justice it will be appropriate to recall the order dated 26.3.2008 and allow the plaintiff to lead the evidence subject to payment of reasonable cost, if appropriate. For that purpose the order dated 26.3.2008 is set aside. With above observations and directions to the trial court, this revision application is disposed of. Arvind/ (J. N. Singh, J.)