IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2 of 2009 MAHANTH VINOD DAS Versus DINESH SAH @ DINESH PRASAD ----------- 2. 15.1.2009 Heard counsel for the petitioner. In the opinion of this Court while there would be no error in the impugned order recalling an order of the court below with regard to ex-parte hearing against the defendant opposite party but then the court below ought to have taken into account the amount of loss sustained by the plaintiff petitioner on account of laches on the part of defendant-opposite parties. In fact the amount of cost of Rs. 500/- in the impugned order for the delay of almost three years is absolutely a pittance and therefore, this Court without disturbing the impugned order of the court below in favour of defendant- opposite party would direct for payment of further cost of Rs. 2500/- beyond a sum of Rs. 500/- to be paid by the defendant opposite party to the plaintiff-petitioner within a period of two months from the date of receipt/ production of a copy of this order, failing which the ex-parte order 2 Surendra/ against the defendant-opposite party shall became operative. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha,J.)