IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2206 of 2008 BHUNESHWAR PRASAD SINGH Versus SHIVENDRA KUMAR SINGH & ORS ----------- 2. 15.1.2009 Heard counsel for the petitioner. The partition suit of the year 1995 being seriously contested by the plaintiff petitioner should not have brought to an end in the manner it has been done by the impugned order. That is because there was some sort of explanation by the plaintiff petitioner as with regard to the orders dated 8.2.2008, 15.10.2008 and 25.11.2008. This explanation even if taken to be on its face value regarding illness of the plaintiff petitioner to be not established beyond reasonable doubt was good enough for the court below to take into account the inability created against the petitioner who had diligently contested a partition suit for all this period. In that view of the matter, this Court would set aside the impugned order and remit the matter to the court below to reconsider the whole issue taking in view that the plaintiff petitioner was ill. However, in case the court below allows the 2 prayer of the petitioner and recalls his order dated 8.2.2008 and 15.10.2008 the same shall be only upon payment of cost of Rs. 2500/- by him to the contesting defendants. (Mihir Kumar Jha,J.) Surendra/