JUDGMENT : 1. Heard Mr. Gautam Kumar, learned counsel for the petitioner and Mr. Prabhat Kr. Sinha, learned counsel for the opposite parties. 2. This petition has been filed under Article 227 of Constitution of India for setting aside order dated 17.02.2023 passed by the learned Judicial Magistrate-cum-Civil Judge, Junior Division, Palamau in Title Suit No. 09 of 2006 whereby the learned court has been pleased to reject the petition dated 18.01.2022 filed by the petitioner for recalling order dated 12.07.2019 passed by the learned court whereby the evidence of the defendant has been closed. 3. Mr. Gautam Kumar, learned counsel for the petitioner submits that the title suit has been instituted by the plaintiffs/opposite parties. He submits that by order dated 12.07.2019 the learned court has been pleased to close the evidence of the petitioner/defendant and for recalling the same the petition has been filed which has been rejected by the learned court by order dated 17.02.2023. He further submits that in the meantime Covid-19 pandemic was there and in view of that the learned court has failed to pass the appropriate order and rejected the petition. He submits that two dates may kindly be provided to examine the witnesses on behalf of the defendant. 4. Mr. Prabhat Kumar Sinha, learned counsel for the opposite parties opposes the prayer and submits that even after 12.07.2019 the defendant has not appeared before the learned court and adjournment has been provided and in view of that learned court has rightly passed the order. He submits that argument of the plaintiff was started. He further submits that the said petition for recalling the order dated 12.07.2019 is also vague. 5. It transpires from the record that the plaintiffs were present on 02.05.2019 as well as on 08.06.2019 and on the next date i.e.12.07.2019 the learned court has been pleased to close the evidence of the defendant. In the meantime Covid-19 pandemic has come wherein statutory provision provided under the Act was also extended by the order of the Hon’ble Supreme Court in suo motu case. In the interest of justice it is desirable to provide opportunity to the defendant to give the evidence. 6. In view of above, order dated 17.02.2023 passed in Title Suit No. 09 of 2006 is set aside. In the interest of justice it is desirable to provide opportunity to the defendant to give the evidence. 6. In view of above, order dated 17.02.2023 passed in Title Suit No. 09 of 2006 is set aside. The learned court will allow the petitioner/defendant to complete the evidence within 15 days from the receipt/production of a copy of this order and the plaintiffs/opposite parties will have a chance to cross-examine the witnesses. 7. It is made clear that if the defendant further tries to take adjournment to delay the proceeding the learned court will not extend the time. 8. This petition is allowed in above terms and disposed of. Pending I.A. if any, stands disposed of.