IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.595 of 2009 1. Mehrun Nisha , wife of Md. Anwar, resident of Mohalla- Gurguriya Par, Police Station-Barh, District- Patna. 2.Hakiman Begum, wife of Md. Ashraf, resident of Village-Tanti Bagan, Police Station- Baniyapur, District- Kolkata (West Bengal) ---- Opposite Parties---Plaintiffs----Petitioners. Versus Meena Devi, wife of Ram Ishwar Prasad Singh, resident of Village- Nawada, Police Station-Barh, District- Patna --- Applicant/Opposite Party. ---------------------------------- 3. 29.11.2011 Heard Mr. Manish Kumar for the petitioners, and Mr. Devendra Prasad Singh for the opposite party. The plaintiffs of Title Suit No.114 of 2005/251 of 2006 have preferred this civil revision application under the provisions of Section 115 of the Code of Civil Procedure, and are aggrieved by the order dated 3.1.2009, passed by the learned Sub-Ordinate Judge III, Barh, whereby he has allowed Misc. Case No. 8 of 2007, the application filed by the defendant (opposite party herein) under the provisions of Order 9, Rule 13 of the Code of Civil Procedure, has been allowed, the ex-parte judgment and decree passed by the learned trial court has been set aside, and suit has been restored for fresh decision in accordance with law. We have perused the materials on record and considered the submissions of the learned counsel for the 2 parties. It appears that the present petitioners have instituted the aforesaid suit. The defendant (opposite party herein) had entered appearance through counsel and filed duly executed Vakalatnama. However, according to the case of the defendant in the aforesaid misc. case, their counsel and the Karpardaz cheated her by not taking appropriate steps in the suit, and written statement was not filed, even though they were duly instructed. The suit was decreed ex-parte, whereafter the defendant filed the aforesaid Misc. Case No. 8 of 2007, under the provisions of Order 9, Rule 13 of the Code of Civil Procedure. Both sides led their evidence in support of their respective cases. On a consideration of the materials, the learned Sub- Ordinate Judge has held that, in view of unfaithful conduct and behaviour of the lawyer and Karpardaz of the defendant, it is a fit case in which ex-parte judgment and decree against the defendant be set aside. We agree with the impugned order. The civil revision application is dismissed. Vinay/ ( S. K. Katriar, J.)