IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.20 of 2008 AHMAD IMAM Versus MRS. FATIMA SHAZ & ORS ----------- 2. 12.9.2008 Heard counsel for the petitioner. In the opinion of this Court the court below has definitely not followed the correct procedure in passing the impugned order dated 3.10.2007 by seeking to recall the earlier order dated 14.12.2006. The plaint describes the address of defendant no.4 to be resident of Patna town and accordingly, when the notices could not be served on her either through summon sent by the court or under registered cover, the plaintiff had to bear the cost of substituted service by getting the notice published in the newspaper. After the court was satisfied of such substituted service it had passed an order to this effect and on 14.12.2006 it had further passed an order fixing the case for ex-parte hearing as against defendant no.4. Subsequently on a application filed by defendants no. 1, 2, 3, 5, 6 and 7 the aforesaid order was recalled on the ground that defendant no.4 was living with her husband in Qatar. The said application does not contain any detail as to when defendant no.4 had left the Country and how defendants no. 1, 2, 3, 5, 6 and 7 became 2 over anxious to get the order of ex-parte hearing recalled only when an order was passed to this effect by the court below on 28.12.2006. It is not the case of the defendants no. 1, 2, 3, 5, 6 and 7 that they were not present when the order dated 14.12.2006 had been passed. It clearly means that defendants no. 1, 2, 3, 5, 6, and 7 are playing a game of hide and seek and only trying to delay in disposal of the suit on the ground of defendant no.4 to be residing abroad. That being so, this Court cannot sustain the impugned order which is set aside and the court below is directed to proceed against defendant no.4 ex-parte as decided earlier, until the defendant no. 4 herself appears and gives an explanation for non- appearance. With the aforementioned observation and direction the Civil Revision application is allowed. (Mihir Kumar Jha,J.) Surendra/