IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.791 of 2008 RAM KHELAWAN MANDAL Versus SMT. NIRMALA DEVI ----------- 2. 22.9.2008 Heard counsel for the petitioner. In the opinion of this Court when the petitioner was prevented by sufficient cause on account of his being in jail custody on the date on which the suit was sought to be proceeded ex parte by the order dated 21.7.2007, the court below ought to have taken a liberal view. It is true that the registered cover notice was served on the petitioner while he was in jail on 15.1.2007 but then the petitioner could not have contested the suit from the jail. In that view of the matter, when the petitioner was released on bail on 15.9.2007 and had appeared in the suit with a prayer to set aside the ex parte decree and permit him to file written statement, the court below at best could have imposed cost for causing the delay in disposal of the suit, but in no view of the matter could have allowed the proceeding to continue ex parte in view of the order dated 21.7.2007 which as held above was passed on 2 a date the petitioner was admittedly in jail. That being so, this Court would set aside the impugned order with a direction to the court below to permit the petitioner to file his written statement within a period of one month from the date of receipt/ production of a copy of this order and also allow him to contest the suit on merit. The petitioner, however, must pay a cost of Rs. 2500/- for causing harassment to the plaintiff in this period. Such cost must be paid before acceptance of the written statement. (Mihir Kumar Jha,J.) Surendra/