IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.716 of 2007 Shailendra Kumar alias Chunna son of Sri Bindeshwari Prasad Verma, Proprietor of Gayatri Jewallers, D.S.Complex Bakarganj, Bari Path opposite Bikham Das Thakurbari, P.S. Pirbahore, Patna-4. ………Defendant-Petitioner. Versus 1. Sri Mahabir Prasad son of late Sadho Lal 2. Sri Sanjay Kumar Verma son of Sri Mahabir Prasad, Both residents of D.S.Complex, Bakarganj, Bari Path, Opposite Bikham Das Thakurbari, P.S. Pirbahore, District and Town Patna. ……..Plaintiffs-Opposite parties. For the petitioner : None. For the opposite parties : None. ----------- 03/ 06.01.2010 This civil revision has been filed by defendant- petitioner challenging order dated 16.03.2007 by which learned Subordinate Judge-II, Patna imposed a cost of Rs.400.00 upon him for recall of order dated 17.01.2007 by which Eviction Suit No.47 of 2006 was ordered to be heard ex-parte in absence of the petitioner. 2. The aforesaid suit was filed by the plaintiffs- opposite parties for eviction of their tenant, namely the sole defendant-petitioner, but when in spite of notices the said tenant did not appear in the suit, it was directed to be heard ex-parte vide order dated 17.01.2007. It was only thereafter on 06.02.2007 that the defendant-petitioner appeared and filed an application dated 06.02.2007 to recall the earlier order dated 17.01.2007. 3. The learned court below vide its impugned order dated 16.03.2007 very carefully looked into the matter and found that the defendant-petitioner was intentionally not appearing after 2 receipt of the notice merely with a purpose to delay the suit. In the said circumstances the learned court below allowed the application of defendant-petitioner and recalled its order of ex-parte hearing dated 17.01.2007 on the condition of his depositing cost of Rs.400.00 only. 4. The said order is neither illegal nor there is any jurisdictional error therein, but has been challenged in this civil revision which further shows the dilatory attitude of the defendant- petitioner for lingering the eviction suit. In the said circumstances, this civil revision is dismissed. harish/ ( S. N. Hussain, J. )