IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.969 of 2008 BISHWANATH SINGH Versus RADHA KRISHNA TIWARY ----------- 3 21.07.2008 Heard counsel for the petitioner. The impugned order recording that the defendant, petitioner, despite service of summons on him way back in the year, 2004 did not choose to contest the suit and appeared only on the date of judgment, being essentially a question of fact cannot be interfered and/or set aside by this Court in exercise of its power under Section 115 of the Code of Civil Procedure. Learned counsel for the petitioner infact has also not produced any material before this Court which would establish any error of record in the impugned order. In that view of the matter this Court would not find any jurisdictional error in the impugned order and accordingly this Civil Revision application being devoid of any merit is hereby dismissed. BCJ (Mihir Kumar Jha, J.)