IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1329 of 2006 KAPILDEO PRASAD & ORS Versus SRI GHURAN PRASAD & ANR ----------- 2 30.07.2008 Heard counsel for the petitioners. The approach of the Court below in refusing the prayer of the petitioner to recall the order fixing the case for ex parte hearing, prima-facie does not appear to be vitiated by any jurisdictional error but taking into consideration the interest of justice, this Court on an offer made by the counsel for petitioner himself that the petitioner is prepared to pay any reasonable amount as may be fixed to compensate the loss at least in terms of money to the plaintiffs/opposite parties, would give one more indulgence to the petitioner to contest the suit on merit. Accordingly, the impugned order is set aside on a condition that the petitioners will pay a sum of Rs. 5000/- to the plaintiffs/opposite parties within a period of two months from the date of receipt/production of a copy of this order whereafter the petitioners will be allowed to file written statement and contest the suit on merit. With the aforementioned observation and direction this application is disposed of. BCJ (Mihir Kumar Jha, J.)