Neutral Citation No. - 2025:AHC:66215 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1170 of 2008 Petitioner :- Ramhit Yadav Respondent :- Vishwanath Counsel for Petitioner :- Siddharth Nandan Counsel for Respondent :- S.K. Singh,B.D.Pandey,S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This is defendant's petition. In the suit instituted by the plaintiff- respondent, evidence of PW-3 was closed by the order of the trial Court dated 03.7.2008. The plaintiff preferred a civil revision No.128 of 2008 which was allowed by the revisional Court with the cost of Rs.200/- and permitted plaintiff to lead evidence of PW- 3. Against the said order, a recall application was moved by the defendant-petitioner on the ground that without hearing the defendant, the revision has been allowed. The recall application has been rejected vide order impugned dated 06.11.2008, hence this writ petition. 2. Learned counsel for the petitioner submits that the revision has been allowed without hearing the defendant and finding recorded by the revisionisal Court on the recall application clearly indicates that only on the assumption that parties were heard that the order was passed. 3. I have heard the respective counsel for the parties and perused the material on record. 4. It is not in dispute that Original Suit No.115 of 1995 was filed by the plaintiff. The proceeding of the said suit has been stayed by this Court on 21.11.2008. More than 17 years have elapsed and the suit has not proceeded. 5. In the interest of justice, the Court below is hereby directed to proceed with the Original Suit No.115 of 1995 expeditiously and permit the plaintiff to produce PW-3 as witness within a period of three weeks from today. The Court below shall make every endeavour to decide the matter on day to day basis and conclude the proceedings of Original Suit No.115 of 1995 within a period of one years. 6. The application for evidence of plaintiff is allowed with cost of Rs.1,000/- and the order dated 28.7.2008 is modified to this extent. 7. Considering the facts and circumstances of the case, I find that no interference is required in the order impugned and only the order dated 28.7.2008 is modified to the extent that the cost imposed of Rs.200/- is enhanced to Rs.1,000/-. 8. With the aforesaid direction, the writ petiton stands disposed of. 9. Registrar (Compliance) is directed to communicate this order to the Court below within forty-eight hours. Order Date :- 29.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad