IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.974 of 2006 SRI NATH JHA Versus SUBHASH KUMAR & ORS ----------- 7 14.11.2008 Heard Counsel for the petitioner. No one appears on behalf of the opposite parties despite service of notices. In the opinion of this Court, the Court below ought to have given at least one opportunity to the petitioner for pressing his application for recalling the earlier order by which he had been debarred from filing written statement and the suit was directed to proceed ex-parte against him. The Court below ought to have accepted that part of the submission of the Counsel for the petitioner that he was busy in another court room and in fact he had also immediately appeared for recall of the order for dismissing the petition. Accordingly, the impugned order is set aside and the Court below is directed to consider the application filed by the petitioner on 10.9.2003 afresh. It is, however, made clear that nothing said in this order would be taken to be as a direction for also allowing his application dated 10.9.2003, which must be disposed of on its own merit. Rsh (Mihir Kumar Jha, J.)