IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.291 of 2009 KRISHNA PRASAD, SON OF LATE SARYUG PRASAD, RESIDENT OF VILLAGE SHIKARPUR, POLICE STATION SHIKARPUR, POST OFFICE NARKATIAGANJ, DISTRICT WEST CHAMPARAN. ----------PETITIONER/PLAINTIFF. Versus 1. SHYAM BABU PRASAD 2. RAM BABU PRASAD 3. RAJESH PRASAD 4. SANJAY PRASAD ALL ARE SONS OF KANHAIYA PRASAD, RESIDENT OF VILLAGE SHIKARPUR, POLICE STATION SHIKARPUR, POST OFFICE NARKATIAGANJ, DISTRICT WEST CHAMPARAN. -------OPPOSITE PARTIES/DEFENDANT NOS. 2 TO 5. ----------- For the petitioner : Mr. Shiv Kumar Dwivedy, Advocate. For the opposite parties : None ---------- 3. 27/2/2009 Defect No. 3 as pointed out by the Stamp Report is ignored for the present. Heard learned counsel for the petitioner. The plaintiff-petitioner is aggrieved by the order dated 15.11.2008 passed by the Munsif, Bettiah, District West Champaran in Title Suit No. 94 of 1999, recalling the order dated 7.8. 2004 whereby the suit was ordered to be heard ex- parte. Learned counsel for the petitioner submits that the petition for recall of the order dated 7.8.2004 has been filed after much delay and without sufficient reason that has been allowed by the court below. The trial court on due consideration of the rival submissions has come to the conclusion that it will be the interest of justice to recall the aforesaid order for ex-parte - 2 - hearing of the suit and has passed the impugned order subject to payment of cost of Rs. 800/-. I do not find any jurisdictional error in the impugned order dated 15.11.2008. As a result, this Civil Revision is dismissed. S.Ali (Dr. Ravi Ranjan, J.)