IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8335 of 2011 DINESH RAI . Versus SHRIWAN NARAYAN SINGH & ORS . ----------- 04. 10.05.2011 The petitioner-applicant is petitioner-defendant in the suit of the tenant and he has fairly pleaded that he moved the application for recall of the striking off the defence after coming to know about the pendency of the eviction suit. The trial-court has rejected this plea on the ground that defendant No.3 is the brother of the defendant Nos.1 & 2. Therefore, it cannot be presumed that petitioner has no knowledge and other finding is contrary to the finding of the trial-court itself that the defendant No.3 has himself raised objection on the application of defendant Nos.1 & 2 the petitioners. Therefore, the reason is that the recall will amount to further delay of the proceeding. It is settled law that the order should not be allowed to continue which frustrates the ends of justice to the party seeking the justice. Therefore, the order is set aside and the trial-court is directed to reconsider the application of the petitioner after hearing of the parties afresh and dispose of in the light of observation made above. The petition is, accordingly disposed of. Mkr. ( Prakash Chandra Verma, J. )