IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4617 of 2010 BIRENDRA MAHALDAR, S/O BASUDEO MAHALDAR, R/O VILL- BHANGOWN, P.S.- KADWA, DISTT.- KATIHAR. ……….Petitioner Versus 1. THE STATE OF BIHAR, THROUGH THE REGISTRAR, CIVIL COURT, KATIHAR 2. BHUTAI SINGH, S/O LATE BHOLA SINGH R/M- DURGAPUR, GORHITOLA, P.O.+P.S. & DISTT.- KATIHAR 3. RAJENDRA TURI, S/O LATE CHINU TURI, R/M- REBEIRO KOTHI, NEW SIPAHI TOLA (DAMPATTI), P.S.- K.HATT, DISTT.- PURNEA 4. CHHOTELAL TURI S/O LATE BHUNESHWAR TURI, R/V- RAGHUNATHPUR, P.S.- BARSOI, DISTT.- KATIHAR 5. MAKRU MIRDHA @ MAKRU MANDAL, S/O LATE BACHAN TURI R/V- BHANGOWN, P.S.- KADWA, DISTT.- KATIHAR. ……… Respondents. For the petitioner : Mr. Sanjeev Kumar Singh, Advocate. For the State : Mr. Ravi Shankar, AC to GP-7. ----------- 3. 27.10.2010 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by defendant – petitioner challenging order dated 29.07.2009 by which Sub- ordinate Judge-I, Katihar refused to recall his earlier order dated 30.06.2009 by which the evidence of the defendant-petitioner had been closed in Title Suit No. 16 of 2004. 3. From the material on record including the impugned order, it is quite apparent that plaintiff’s evidence had been closed whereafter the evidence of defendant had started on 18.02.2009 and before 25.03.2009 he had deposed only two witnesses but on 25.03.2009 he did not produce any witness and hence time till 30.06.2009 was granted with cost of Rs. 100/-. It transpires that on 30.06.2009 also neither any evidence was 2 adduced nor even the cost was paid by the defendant due to which his evidence was closed. Thereafter the entire arguments of the plaintiffs had been heard and subsequent to it on 20.07.2009 defendant filed a petition for recall of order dated 30.06.2009. In the aforesaid circumstances the said petition has rightly been rejected by the court below vide its order dated 29.07.2009. 4. This court does not find any illegality or any jurisdictional error in the impugned order of the court below. Accordingly, this writ petition is dismissed. Sujit (S.N.Hussain,J.)