IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1504 of 2008 REKHA DEVI Versus SOBHA DEVI ----------- 2. 10.9.2008 Heard counsel for the petitioner and the counsel for the opposite party. This Court taking into consideration that the petitioner has to contest the litigation single handedly in absence of husband, who is said to be not residing with her for the present, would find that the order fixing the case for ex- parte hearing of the suit was slightly hurried. Admittedly the summons were served on the petitioner on 6.3.2008 and an order fixing the case for ex-parte hearing came to be passed on 16.4.2008. In normal circumstances when the petitioner thereafter had filed an application for recall of that ex-parte order the court below ought to have allowed the same even by subjecting her to payment of some cost. That being so, this Court would allow this civil revision application, set aside the impugned order and the petitioner is directed to pay a sum of Rs. 2500/- to 2 the plaintiff by way of cost within a period of one month from the date of receipt/ production of a copy of this order whereafter she will be allowed to contest the suit from the stage of filing of written statement. This application is accordingly allowed. ( Mihir Kumar Jha,J.) Surendra/