IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.10954 of 2011 MANI PRASAD SINGH & ORS Versus SRI RAMANAND YADAV ----------- 02. 12.07.2011. Heard the learned counsel for the petitioners. This writ application is directed against the order dated 17.09.2010 as contained in Annexure ‘III’ passed by learned Munsif, 2nd, Munger in Eviction Suit No.09 of 2009 whereby the learned Court below allowed the defendant-respondent to file the written statement on payment of cost of Rs.1500/-. From perusal of the impugned order, it appears that the eviction suit was proceeding ex- parte. The learned Court below passed an order on 20.05.2010 that the suit shall proceed ex-parte. On 06.09.2010, the defendant-respondent appeared and filed an application for recall of the order fixing ex-parte hearing and also for permitting him to file written statement on the ground that no notice has been served on him. When he came to know about the pendency of the suit from the plaintiff himself, he appeared before the Court and is filing this application. The learned Court below considering the above facts and circumstances of the case allowed the defendant to contest the suit by fling written statement and the Court below also awarded cost. In view of the above facts and circumstances of the case, in my opinion, it is not a fit case for exercise of writ jurisdiction. Accordingly, this writ application is dismissed. The learned counsel for the petitioner submitted that the eviction suit may be decided expeditiously. The petitioner is granted liberty to pray before the Court below for expeditious disposal. Sanjeev/- (Mungeshwar Sahoo,J.)