IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8784 of 2011 TRIYUGI NATH SINHA @TRIYUGI SINGH & ORS . Versus RAMADHAR SHARMA & ORS . ----------- 4. 17.05.2011 Heard learned counsel for the petitioner, no one appears on behalf of the respondent despite the names in the cause list has been put for appearance of the respondents. From perusal of the order, it is evident that the plaintiff –respondent did not deposit the valuation of the house of the defendant which was done on 27.07.1982(as stated in para 13 of the petition) against the said valuation, objection was filed on 05.08.1982 which was pending un-disposed of. Application too not pressed the objection dated 05.08.1982 was moved which was allowed and by order dated 18.10.2005 and by the same order the trial court directed to deposit the amount without further delay and case was listed for 28.10.2005 after the order dated 18.10.2005 was passed. An application was moved by the petitioner for recall of the ex parte order of 18.10.2005, the said application dated 22.10.2005 has been rejected by the impugned order, the trial court failed into error in not 2 considering that the delay was on the part of the plaintiff in depositing the market value determined in 1982 up to 2005 and increase of the market value of the property after the lapse of 22 years have not been taken into account. More so the statement was made that in the meantime the defendant petitioner has raised further constructions therefore on the ground of further proceedings the application could not have been rejected in view of the facts stated above and the partition relating to part schedule B was not complete and commissioner’s report has not been confirmed yet. In view of these facts, the trial court ought to have directed for re-determination of value of the property when the exchange of share has to take place. Thus the order impugned dated 18.10.2005 is set aside and the trial court is directed to proceed further in the light of the observations made above. Accordingly, this writ application is allowed. Nitesh ( Prakash Chandra Verma, J.)