HEMLATA BELWARIAR W/O LATE HARI RAM BELWARIAR Vs. RAM PRASAD OJHA S/O LATE RAM RAJESHWARI PRASAD OJHA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners are aggrieved by the order dated 13.9.2006, passed in Misc. Case No. 9/2005 by the Execution Munsif, 1st, Patna, whereby the application of the petitioners filed under Order IX Rule 4 of the Code of Civil Procedure for restoration of Title Suit No. 19/1983 to its original file after recalling the order of dismissal dated 24.11.2005 had been dismissed. The petitioners filed Title Suit No. 19/1983 for declaration that the defendants therein had no right to open a passage towards the plaintiff 'splot no. 1002. In addition to that, further relief for permanently restraining ail the defendants from demolishing the northern boundary wall of the plaintiff 'saforesaid plot was also sought.

(3.) IT was contended on behalf of the petitioners that the defendants -opposite parties appeared in the title suit concerned but subsequently left the case unattended and, ultimately, the suit was decreed. The decree was levied to execution. Thereafter, Misc. Case No. 1/1988 was filed by the defendants under Order IX Rule 13 C.P.C. for setting aside the ex parte decree, which was allowed on 4.5.1999. The plaintiff -petitioner preferred Civil Revision No. 1111/1999 where in initially further proceeding in Title Suit No. 19/1983 was stayed by this Court. However, subsequently the same was dismissed and title suit proceeded. Thereafter, the plaintiff stopped appearing in the title suit resulting in its dismissal for default. The plaintiff - petitioner filed Misc. Case No. 9/2005 under Order IX Rule 4 C.P.C. for restoration of Title Suit No. 19/1983 to its original file by recalling the order dated 24.11.2005 whereby the suit was dismissed for want of prosecution.