IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1468 of 2008 MAHAMANTRI BAHDINPUR AREA SALEM FARMER'S AND RESOURCELESS PEOPLE’S ASSOCIATION Versus SATYA NARAYAN BHAGAT & ORS ----------- 2 08.09.2008 Heard counsel for the petitioner. Counsel for the petitioner, finding him to be absolutely not in a position to justify the non-appearance in the suit of the year 1999, has submitted that the delay of nine years is not totally attributable only to defendant petitioner as there is also no concrete evidence of showing effective service on the defendant petitioner. He however, having found both from the contents of the impugned order as also from the tenor of the service report, would ultimately concede that the delay of nine years caused to the plaintiff could be at least compensated in the monitory terms, but if the suit is decreed ex parte, the defendant, petitioner would suffer an irreparable injury. Consider the fact that the suit is with regard to setting aside a deed of gift dated 20.07.1982 measuring 32 decimals of land of plot no. 2167 in village Bahdinpur in the District of Muzaffarpur, this Court would direct the petitioner to deposit a sum of Rs.18,000/- (eighteen thousand) by way of compensation to the plaintiff opposite party within a period of one month from the date of receipt/production of a copy of this order, upon which the court below will recall the ex parte order dated 7.11.2003 and would allow the defendant petitioner to contest the suit. It is however, made clear that the written statement, to be filed by the defendant petitioner, must be submitted within a period of one month from the date of deposit of the amount. The petitioner also must complete the cross- examining of the witnesses of the plaintiffs within next three months and further conclude his evidence in a period of next three months. The Court below will strictly follow the aforementioned time schedule so as to ensure that the Title Suit No. 166 of 1999 is positively disposed of within a period of one year from the date of receipt/production of a copy of this order. With the aforementioned observation, this application is disposed of. Kundan/- (Mihir Kumar Jha, J.)