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Judgment
Gautam Kumar Choudhary, J
Instant petition has been filed for quashing of order dated 28.01.2019 by which plaintiffs/petitioners’ petition to recall the order dated 21.05.2018 which was passed for closing the evidence of plaintiffs, has been rejected.
The plaintiff’s suit was earlier dismissed against which the appeal was preferred and the learned Appellate Court remanded the case for hearing on the ground that Deputy Commissioner had not been impleaded in terms of Section 46 of the C.N.T. Act.
After remand of the case, notice under Section 80 of C.P.C. was served on the Deputy Commissioner and the Circle Officer, Chandankiyari but the amendment in the cause title for impleading the Deputy Commissioner could not be made and the case was fixed for evidence of the plaintiffs on 05.02.2018 and several opportunities were granted and thereafter the evidence was closed on 21.05.2018.
It is submitted by the learned counsel that sufficient opportunity was not given for evidence and the evidence was closed.
This is a case in which the plaintiff has sufficient opportunity and even after remand, Deputy Commissioner was finally impleaded as party in the suit. I do not find any merit in the instant.
This Civil Miscellaneous Petition is accordingly dismissed.