IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1851 of 2008 MASTER RAI & ANR Versus BABAN RAI & ORS ----------- 3 28/11/2008 Heard counsel for the petitioners. While approach of the court below in allowing prayer of the defendants- respondents for recalling the order of exparte hearing dated 16.5.2008 does not suffer from any jurisdictional error, but then from the impugned order itself it is clear that the respondents have been given a very lenient consideration by the court below. The respondents, in fact, from 10.8.2007 have been definitely delaying disposal of the appeal which is of the year 2003. In fact their presence had to be secured by substituted service and getting the notice published in the newspaper. In such background if the Court was satisfied that prayer of the respondents was to be allowed the same could have done only after adequately compensating loss of the petitioners, the appellants before the court below. A direction to pay a cost of Rs. 1000/- therefore was wholly inadequate. 2 Accordingly while this Court would not interfere with the impugned order the amount of cost imposed therein is enhanced from Rs. 1000/- to Rs. 3,000/-, which must be paid by the Respondent-opposite parties within a period of one month from the date of receipt/production of a copy of this order. With the aforementioned modification in the impugned order, this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar