IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.234 of 2008 1. Prem Sahni 2. Jagdish Sahni both sons late Ram Bilash Sahni resident of Village/Mohalla Maripur PO Muzaffarpur PS Kazimohammadpur Dist. Muzaffarpur Plaintiffs-opposite parties-petitioners Versus 1. Manju Devi w/o Manoj Kumar Poddar 2. Manoj Kumar Poddar s/o Shiv Prasad Poddar both resident of Village/Mohalla Maripur PO Muzaffarpur PS Kazimohammadpur Dist. Muzaffarpur Defendants-petitioners-opposite parties ---------- For the petitioners: Mr Arun Kumar Prasad, Advocate -------------- 03/ 10.12.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by the plaintiffs- opposite parties-petitioners challenging order dated 21.01.2008 by which learned Execution Munsif, Muzaffarpur rejected their application for recall of order dated 15.12.2007 by which the evidence of the petitioners in Miscellaneous Case no. 15 of 1999 was closed. 3. The matter arises of Eviction Suit no. 8 of 1997 which was filed by the plaintiffs- petitioners for eviction of the defendants- opposite parties on the ground of personal necessity and the said suit was decreed ex parte on 30.07.1998 by the learned Munsif, East Muzaffarpur. 4. It transpires that for execution of the aforesaid decree of eviction the plaintiffs- petitioners filed Execution case no.8 of 1998 . In the said execution case, opposite party no.1 had filed an application under Order XXI Rules 97 to l01 of the Code of Civil Procedure which was numbered as Miscellaneous Case no. 15 of 1999 claiming that she had purchased the suit house by two registered sale deeds - 2 - dated 10.08.1996. 5. The aforesaid Miscellaneous case continued for more than eight long years and the plaintiffs- petitioners who were opposite parties in the said Miscellaneous case dilly-dallied the matter due to which clear direction was given to them by the court to produce their witnesses on the next day otherwise necessary order will be passed. But in spite of the said order, the plaintiffs- petitioners filed a time petition on 15.12.2007 and the Executing court rejected the said prayer and closed the evidence of the plaintiffs- petitioners who were opposite parties in the said Miscellaneous case. 6. Thereafter on 05.01.2008 the plaintiffs- petitioners filed an application for recall of order dated 15.12.2007 which was considered by the learned Execution Munsif, Muzaffarpur who rejected the same in the aforesaid facts and circumstances by his order dated 21.01.2008, against which the instant civil revision has been filed. 7. In the aforesaid facts and circumstances, this Court does not find any illegality in the impugned order of the learned court below nor does it find any jurisdictional error therein. Accordingly, this civil revision is dismissed. shahid (S.N.Hussain, J)