IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.521 of 2009 BHOLA SINGH, SON OF LATE HIRDYA NARAIN SINGH, RESIDENT OF VILLAGE BAIRY, POST OFFICE GEHUAN, POLICE STATION CHAND, DISTRICT KAIMUR (BHABHUA)…………………………………………...…OPP.PARTY-PETITIONER Versus 1. GENERAL PUBLIC … OPPOSITE FIRST PARTY 2. DEVENDRA PRATAP SINGH, SON OF BIRENDRA BAHADUR SINGH @ HIRA PRASAD SINGH, RESIDENT OF VILLAGE BAIRY, POST OFFICE GEHUAN, POLICE STATION CHAND, DISTRICT KAIMUR (BHABHUA)…PETITIONER- OPPOSITE 2ND PARTY 3. BIRENDRA BAHADUR SINGH @ HIRA PRASAD SINGH, SON OF LATE HIRDYA NARAIN SINGH 4. DR. KANHAIYA SINGH, SON OF LATE HIRDYA NARAIN SINGH, ALL RESIDENTS OF VILLAGE BAIRY, POST OFFICE GEHUAN, POLICE STATION CHAND, DISTRICT KAIMUR (BHABHUA)...OPPOSITE PARTY NOS.3 TO 5- OPPOSITE 3RD PARTY ----------- 2. 31.03.2009 Heard learned counsel for the petitioner. This civil revision application has been filed by the defendant-petitioner against the order dated 27.2.2009 passed by the Fast Track Court IV, Kaimur at Bhabhua in Probate Case No.49 of 2006 by which the application of the defendant for accepting the written statement filed on 2.12.2008 and for recall of the order dated 18.4.2008 has been rejected. From the impugned order, it appears that the said petition of the defendant was rejected on the ground that no provision of law was mentioned in the petition and pleadings were vague and uncertain. - 2 - In that view of the matter, this civil revision application is disposed of with liberty to the defendant to file a fresh application for recall of the said order and for acceptance of the written statement filed on 2.12.2008 in the late hours with specific pleadings and mentioning the provision of law for exercise of the power by the trial court. The defendant-petitioner shall also be at liberty to produce materials along with his petition taking the ground that on account of the terminal illness of his son and his treatment going on in Delhi, he was handicap in taking steps in the suit with all promptitude for acceptance of his written statement and for recall of the order dated 18.4.2008 as made effective by order dated 2.12.2008. With the above observation, this civil revision application is disposed of. B.T. (J.N. Singh, J.)