- (1.) This writ petition has been filed against the order dated 19.1.2010 passed by the Munsif 1st, Dhanbad in T. S. No. 11 of 2003 rejecting the prayer of the petitioner to recall him as D.W. 4 to prove his original appointment letter. Mr. Sanjay Prasad, learned counsel appearing for the petitioner submits that it was necessary to bring on record the said appointment letter to show that petitioner was appointed on merit and not against acquisition/delivery of land as in the appointment letter it is not mentioned that appointment was given against acquisition/delivery of land.
(2.) It appears that after hearing the parties, considering the respective cases and the relevant aspects of the matter, learned trial court has rejected the prayer inter-alia, observing that the suit is pending since 2003 and petitioner examined himself on 26.5.2009 and the suit was at the stage of hearing when a prayer was made to recall him to prove his appointment letter. Moreover, sufficient opportunity was given to the petitioner to substantiate his case, but petitioner failed to avail such opportunity.
(3.) From the appointment letter which has been annexed as annexure 4, it appears that the other side was right in contending before the learned court below that it was not necessary for deciding the issues in the suit.;