IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.398 of 2009 1. Nand Kishore Prasad, 2. Krishan Kishore, both sons of Ishwar Chand Prasad, resident of village Gola Bandh Road, Maqhabir Asthan, P.S. Town, District Muzaffarpur… …Defendants…Petitioners versus Mohan Chaudhary son of late Jagar Nath Chaudhary, Resident of villalge Chhata Bazar, Saraiyaganj, P.O. + P.S. Town, District Muzaffarpur … …Plaintiff…Opposite Party For the Petitioners: Mr. Sunil Kumar Pandey, Advocate … 2 19.03.2009 Heard learned counsel for the petitioners. The defendants-petitioners are aggrieved by order dated 06.01.2009 passed by Sri S.K. Varma, Munsif(East), Muzaffarpur in Eviction Suit No. 23 of 2000, whereby their prayer for recall of earlier order, by which defence against ejectment has been struck off, has been refused by the court below. Learned counsel for the petitioners submits that by order dated 25.04.2008 the petitioners have been directed to deposit arrears as well as current rent. However, the same could not be deposited by the petitioners and a petition was filed on 26.05.2008 for fixing instalment of the rent and thereafter on 29.09.2008 a petition was again filed for permitting them to deposit the rent, but the court below could not recall the earlier order and directed them to deposit the rent. Further submission is that the provision under section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 directing to deposit the rent within fifteen days is not mandatory, rather it is directory 2 The court below upon hearing the rival submissions and considering the materials available on record came to the conclusion that meagre amount of Rs. 60/- per month was not paid by the petitioners and a petition was filed on 26.05.2008 for fixing instalment and again on 29.09.2008 29.09.2008 for enlargement of the period and allowing them to deposit the rent. It appears from order dated 06.11.2008 that even the aforesaid petition was not pressed by the petitioners and as a result thereof, the same was dismissed as not pressed and as a consequence, the defence of the petitioners was struck off. Thereafter a petition for recall of that order has been filed, which has been dismissed by the court below in the interest of justice having found the same devoid of any merit. In that view of the matter, this Court does not find any jurisdictional error in the order impugned. As a result, this civil revision application is dismissed. SC ( Dr. Ravi Ranjan, J.)