IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19717 of 2010 SUDARSHAN DUSADH & ORS Versus JAGDAMBA KUER & ORS ----------- 3 7.12.2010 Heard counsel for the petitioners and learned counsel appearing on behalf of respondent no.4. The petitioners, who are defendant nos.1 to 4 in the Title Suit No.175 of 1997, have prayed for setting aside the order dated 23.11.2007 passed by the court of IVth Additional Munsif, Bettiah, West Champaran in T.S. No.175 of 1997 by which the petition under section 151 C.P.C. to recall the order dated 23.8.2006 passed by the trial court was rejected. It appears that initially one Uma Shankar and Krishna Mohan filed a Title Suit No.175 of 1997 in which a compromise was entered into between the plaintiffs and defendants 1 to 4. However, on the petition of intervener respondents, the respondent no.4 was permitted to be added as defendant second set who after appearance filed written statement. The trial court vide order dated 23.8.2006 directed the defendant first set to adduce evidence as it has entered into a compromise with the plaintiffs. The defendant first set did not challenge the order in question. It was only after some time that they filed a petition under section 151 C.P.C. on 22.1.2007 for recalling the order dated 23.8.2006 which was rejected by order dated 23.11.2007. It would appear from the order of the trial court and 2 KHAN even from the petition of the petitioners that the plaintiffs had stopped taking interest in the case and even ceased to do pairvi in the matter. Having considered the facts and circumstances of the case, I do not find any illegality in the order of the learned trial court directing the defendant first set to adduce evidence. This application is accordingly dismissed. (S.P.Singh,J)