ORDER : 1. Affidavit of service filed in Court today on behalf of the petitioner be kept with the record. Inspite of service none appears on behalf of the opposite party. 2. The defendant in the Ejectment Suit No. 9 of 2016 pending before the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta is the petitioner of the instant application under Article 227 of the Constitution of India. 3. September 2, 2019 was a date fixed in the suit for further cross-examination of P.W. 1, on the said date the said witness was found absent, as such the learned trial Judge closed the evidence of the said witness vide Order No. 27 dated September 2,2019. The said order is under challenge. 4. The learned trial Judge is right in closing the evidence of the said witness for his default in appearing before the Court, but before doing so he should have expunged the evidence of the said witness already on record as the defendant did not get the opportunity to cross-examine the said witness. The order impugned for the said reason is not sustainable and is accordingly set aside. 5. However, for ends of justice the learned trial Jude shall give one opportunity to the plaintiff to produce the P.W. 1 before the Court for his cross-examination by the defendant. In the event the plaintiff does not avail the said opportunity, the evidence of the said witness shall be expunged from the record in it's entirety. C.O. 134 of 2020 is disposed of with the above terms. No order as to costs. 6. Let a copy of this order be communicated to the learned Court below by Special Messenger at the costs of the petitioner. Such costs to be put in within seven days from date. 7. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.