IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1102 of 2008 YADUNANDAN PRASAD & ORS Versus SATYADEO PRASAD & ORS ----------- 4. 18.8.2008 Heard counsel for the petitioners. In the opinion of this Court, the impugned order passed by the court below dated 24.5.2008 does not make out any sense. Counsel for the petitioners seems to be justified that when they had filed an application under Order 21 Rule 35 C.P.C., the court below ought to have at least examined the same in the background that it was an ex-parte judgment and the decree which was sought to be executed and that the petitioners had already filed Title Suit No. 2/2005. What would be the merit and worth of such application, is therefore required to be gone into within the scope and limitation of Order 21 Rule 35, but that having been not done this Court is left with no option but to set aside the impugned order and remit the matter back to the executing court to pass a fresh order on the application filed by the petitioners. 2 Accordingly, this application is allowed with the aforementioned observations. ( Mihir Kumar Jha,J.) Surendra/