JAI PRAKASH SAO Vs. AJUA DEVI

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against the order dated 2.8.2005 passed by the Munsif -1st Dhanbad, in Misc. Case No. 37 of 2005, whereby he has recalled the ex parte hearing order dated 5.1.2005 passed in Title (Eviction) Suit No. 32 of 1982.

(2.) FROM the aforesaid order it appears that the suit was only fixed for ex parte hearing for the first time on 5.1.2005. Neither the Court has proceeded ex parte hearing nor any ex parte decree has been passed as yet. The learned Munsif found that the summon or notice was not served upon the concerned defendant. In that view of the matter I am not inclined to interfere with the impugned order. This writ application is, accordingly dismissed.