- (1.) By the present petition under Art.226 of the Constitution of India the impugned order dated 21-4-88 passed by the Additional District Judge, rejecting the Civil Revision of the petitioner, and the orders dared 24-2-87 and 9-3-87 are sought to be quashed.
(2.) It appears that an application was filed on 17-9-81 (Annexure-1 to the petition) that the defendant may be given time to file objection on the report of the Commissioner. That application was dismissed by order dated 24-2-87 (Annexure-3) and the parties were directed to produce evidence forthwith. The petitioner filed an application to recall the order dated 24-2-87 and that application was rejected by order dated 9-3-87. Against these orders the present petition has been filed.
(3.) Heard the learned counsel for the parties. The operative portion of the order dated 24-2-87 is set our below : "The application 183D is rejected for the above reason. The parties to produce evidence forthwith. The defendants are not adducing any evidence. Put up at 1.15 p.m. for further orders." When the case was again called out at 1.15 p.m. the following order was passed : "Case called out. Counsel for the plaintiff present. None is present for the defendant despite of earlier calls. The evidence of the defendant is closed. Fix 9-3-87 for the arguments of the paties, if any.";