IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.252 OF 2011 1. RAM BABU SINGH 2. BACHHA SINGH, BOTH R/O DHARAMPUR @ JADDU @ CHAPRA KANTI, POLICE STATION KANTI, MUZAFFARPUR. VERSUS 1. GAYATRI DEVI , BATHUA BUJURG, POLICE STATION MUSARI GHARARI, SAMASTIPUR 2. SRI MOHAN SINGH 3. SRI NAGENDRA SINGH, both R/O BATHUA BUJURG, POLICE STATION MUSRI GHARARI, SAMASTIPUR. ----------- 3 24.06.2011. The petitioners have prayed for setting aside order dated 15.10.2009, passed in Misc appeal no. 3 of 2008, whereby the appellate court has aside the order dated 12.8.1992, passed in Title suit no. 78 of 1987 and order dated 16.1.2008, passed in Misc.case no. 13 of 1996. The suit of the plaintiff-respondent namely Title suit no. 78 of 1987 was decided exparte for non appearance of the plaintiff after certain dates. The plaintiff filed application under Order 9 Rule 13 CPC giving rise to Misc.case no. 13 of 1996. Misc.case was dismissed by the trial court vide judgment and order dated 16.1.2008. The plaintiff respondent preferred Misc. appeal no. 03/2008 before the appellate court which was allowed vide order dated 15.10.2009. Learned counsel submits that the suit is of 1987 and there has been grave 2 laches on part of other side. I find that the learned appellate court came to the finding in para 7 that sufficient opportunity was not given to the other side. In this view of the matter, I am not inclined to interfere with the impugned order setting aside the order dated 16.1.2008, passed in Misc.case no. 13 of 1996. However, as the suit is of the year 1987, I direct that the trial court would proceed with the suit so as to conclude the same within six months from the date of receipt of this order. Anyone seeking unnecessary adjournment should be saddled with cost. Let a copy of this order be communicated to the court concerned. Shashi ( S.P. Singh, J.)