PAVITRI DEVI Vs. MOST KALAWATI KUER

JUDGEMENT

(1.) THE petitioners are aggrieved by order dated 23.9.2004 passed by Sub -Judge -IV, Ara, Bhojpur, in Title Suit No. 347 of 2000 whereby the court below has allowed the petition filed by defendant -opposite party

(2.) ND set for recall of the order of ex -parte hearing dated 6.2.2002. 2. The plaintiffs are petitioners. They filed the abovementioned suit for declaration of their right, title and possession over the suit land. The defendants appeared in the suit. No written statement was filed. However, the written statement was filed much beyond the statutory period which was accepted on 6.2.2002 subject to deposit of cost of Rs. 300/ - but the cost was not paid and he absented from the proceeding. In the circumstances, ex -parte hearing was taken up. The petitioners thereafter filed a petition for recall of the order of ex -parte hearing which has been allowed by the order impugned subject to deposit of cost of Rs. 800/ -.

(3.) ON consideration of the materials available on the record it is evident that the opposite party has defaulted in prosecuting the case causing harassment to the petitioner. However, the court below has allowed the petition filed by the opposite party. Learned counsel for the opposite party is also ready to pay some more cost. In that view of the matter, the opposite party is directed to pay further cost of Rs. 1,400/ - to the petitioners within a period of one month to meet the ends of justice. The court below is directed to take up the hearing of the suit and dispose of the same expeditiously.