IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1768 of 2008 HARENDRA KHAN & ANR Versus BUNELA KHAN & ORS ----------- 2. 24.10.2008 Heard counsel for the petitioners. In the opinion of this Court when the very serious allegation pertaining to forgery of Vakalatnama and a written statement in the name of the petitioners was subject matter of an enquiry in which evidence were also adduced, the court below ought to have not rejected the same only on the ground of default of one day on the part of the petitioners. The court below was otherwise required to look into the matter more seriously and record a clear finding as to whether it was the petitioner who was fanning ignorance by taking a false plea of not having filed vakalatnama and/or written statement or that someone had really impersonated the petitioner in filing his vakalatnama and the written statement. That being so, the impugned order being wholly unspeaking order and in fact an order not addressing to the main issue is hereby set aside and the court below is directed to reconsider the matter in the 2 light of the evidence already adduced by the parties and pass a fresh order in accordance with law. This application is allowed with the aforementioned direction and observation. (Mihir Kumar Jha,J.) Surendra/