IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8642 of 2011 Shanti Gandhi Kaul Versus Krishna Prasad & Anr ----------- 10. 28.11.2011 Heard the learned counsel for the petitioner. In spite of service of notice on the respondents, nobody appeared on behalf of the respondents. By the impugned order dated 10.10.2006 passed by Sub Judge I, Munger in Title Suit No.30 of 1998, the plaintiff’s evidence has been closed. The learned counsel for the petitioner submitted that the petitioner’s husband was seriously ill during that period and was treated in Delhi. Many prescriptions of the doctors have been annexed with this writ application. The learned counsel further submitted that after long ailment, the husband of the petitioner died. In such view of the matter, the petitioner was not able to produce evidence on the date fixed by the Court below. From perusal of the impugned order, it appears that the Court below has closed the evidence of the petitioner on the ground that on 13.08.2006 neither she appeared nor any step was taken therefore, the case has been closed. So far the grounds raised by the petitioner before this Court i.e. ailment of her husband is concerned, it appears that this fact was never raised before the Court 2 below. Admittedly, the learned counsel submitted that no any application was filed before the Court below for recall of the said order on the grounds raised in this writ application. In such view of the matter, the petitioner is directed to approach the Court below first by filing application to recall the order dated 10.10.2006 and giving opportunity to the petitioner to lead evidence with the documents annexed with this writ application. It is made clear that if after hearing the parties and if the Court below will be satisfied that really the petitioner was prevented by sufficient cause then it will be open for the Court below to recall the order and grant opportunity to the petitioner for adducing evidence. With this observation, this writ application is disposed of. Saurabh ( Mungeshwar Sahoo, J.)