IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1728 of 2008 JATA SHANKAR MISHRA Versus JAWAHAR MISHRA & ORS ----------- 3 12.11.2008 Heard counsel for the petitioner. From a plain reading of this Civil Revision application and the impugned order, it becomes clear that this petitioner has been single handedly responsible for delaying the disposal of the suit for the last five years. In such view of the matter, this Court would not find any error in the impugned order inasmuch as the Court below after being satisfied of service of summons on the petitioner has proceeded ex-parte against the petitioner by passing an order to this effect on 2.12.2006. The Counsel for the petitioner however submits that by impugned order the valuable right of the petitioner in the suit for partition would be sealed for once and ever and thus the ex-parte order may be recalled even by subjecting the petitioner to a reasonable amount of cost. This Court, considering the aforementioned submissions, in the interest of justice would direct the petitioner to pay a sum of Rs. 5000/- to the plaintiff-opposite party which must be within a period of one month from the date of receipt/production of a copy of this order. In the event, such cost of Rs. 5000/- is - 2 - deposited by the petitioner in the court below for its being paid to plaintiffs, the Court below will recall the ex-parte order and would direct the petitioner to submit his written statement within a period of next two months and thereafter also complete the evidence within a period of three months from the date he is called upon to do so. With the aforementioned observations and direction this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)