JUDGEMENT 1. Mr. Uma Shankar Singh No. 2, learned counsel for the petitioner, appears and seeks permission to recuse himself out of this case. 2. Permission is granted. 3. Heard Mr. Krishna Prasad Singh No. 2, learned counsel for the petitioner. 4. Mr. Surya Narayan Roy, learned counsel, appears on behalf of opposite party no. 1 and states that he has filed power on her behalf today itself. 5. Defendant-petitioner is aggrieved by the order dated 12.11.2008, passed by the Sub-Judge-ll, Rossera (Samastipur) in Partition Suit No. 52 of 1997, whereby evidence on behalf of defendant 1 st party has been closed. 6. Learned counsel for the petitioner submits that though on the date fixed the defendant-petitioner could not produce any witness for examination, but still the court below should have granted one indulgence by allowing sufficient time for producing the witness on any other date. 7. The trial court has passed the impugned order dated 12.11.2008 in view of the order dated 21.1.2008 passed by this Court in Miscellaneous Appeal No. 243 of 2005, whereby this Court had directed to dispose of the Partition Suit concerned within three months. During the course of his submission, learned counsel for the petitioner had admitted that thirty one witnesses had already been examined on behalf of the defendant 1st Set-petitioner. 8. In view of the aforesaid, I do not find any jurisdictional error in the impugned order. 9. As a result, this civil revision application is dismissed.