HRIDAY RANJAN PRASAD Vs. SARAYUG MAHATO

JUDGEMENT

(1.) Defendant 4th Set-petitioners aggrieved by the order dated 18-5-2005 passed by the Subordinate Judge, Bettiah in Partition Suit. No. 84 of 1994, allowing the application filed by the defendants 4 to 6 Opposite Party Nos. 10 to 12 herein for recall of the order directing the case to proceed against them ex parte, have preferred this application.

(2.) Short facts, giving rise to the present application are that when defendant Nos. 10 to 12 despite service of notice did not appear, the trial Court by order dated 20-2-1998, directed the suit to proceed ex parte against them. Thereafter, the plaintiffs evidence began on 28-7-1998 and 12 of their witnesses were examined up to 14-2-2000. The evidence of defendants 4th set started on 14-3-2000 and 24 witnesses were examined on their behalf till 30th of April. 2003. Argument in the case started on 17-2-2003 and after argument on several dates 6-8-2003 was fixed as the last date for argument but it did not fructify.

(3.) On 18-8-2003, defendants 4 to 6 filed application for recall of the order dated 20-2-1998 and for giving them opportunity to file written statement and contest the suit which was contested by the defendants 4th set but by the impugned order, the prayer of defendant 2nd set has been allowed on payment of a cost of Rs. 500/- to the contesting defendants.