February 12, 2013 when the evidence of the plaintiff was closed by order. Later, on May 17, 2013 an application was filed by the plaintiff for recall of order dated February 12, 2013. In the application supported by an affidavit, it was pleaded that on February 12, 2013 the affidavit by way of evidence of the plaintiff was in readiness to be tendered in court duly attested by the Oath Commissioner but when he and his counsel came to Court they were informed that the case stood adjourned to March 15, 2013. It is thus admitted that the plaintiff and his counsel were present in Court on February 12, 2013. It is averred that on March 15, 2013 counsel came to tender the affidavit at about 12.15 Noon but was again told that case was adjourned to March 23, 2013. On March 23, 2013 an adjournment was sought by the counsel on the ground that he had been operated upon for Cataract and was unable to end court proceedings. It is pleaded in the application that on visiting the Court the plaintiff and his lawyer's clerk they came to know that his evidence had been closed by order on February 12, 2013. It is the plaintiff's say that there was no delay on his part or of his counsel because the affidavit was ready to be tendered on February 12, 2013 well before March 15, 2013. Still further, the petitioner avers in his application that his affidavit was in readiness on February 12, 2013 and was available to be tendered on the day itself but he "was debarred to tender the same because of adjournment of the case even before lunch".
