IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1646 of 2010 CHUNCHUN SAH S/O LATE LAXMAN SAH --- PETITIONER Versus 1. STATE OF BIHAR 2. INDU DEVI W/O CHUNCHUN SAH 3. BIR LAL BAITHA -- OPP. PARTIES. ----------- 04 17.03.2011 This matter has been listed under the heading for orders on petition for consideration of the limitation petition (I.A. No. 2218 of 2010) as the application has been lodged in this Court 523 days beyond the period of limitation. This Court permitted the parties to argue on merit. Heard learned counsel for the petitioner and opposite party no.2. It is the grievance of the petitioner that impugned order directing payment of maintenance was passed ex parte. Learned counsel for the opposite party no.2, on the other hand, draws attention of the Court to paragraph no.2 of the order wherefrom it appears that notice was issued to opposite party no.2. There is already a provision contained in Section 126 of the Code of Criminal Procedure for setting aside the ex parte order. Having considered the submissions advanced on behalf of the parties and after going through the material on record, this Court is satisfied that this application may be disposed of by the following order:- Let petitioner approach the Court below along with a 2 copy of the present order within a period of four weeks from today and file application for setting aside/recall of order. In that event learned Court below shall consider and dispose of the said application on merit in accordance with law. Application stands disposed of. Sym/ ( Kishore K. Mandal, J.)