Ram Prasad Singh And ANR v. Ram Lakhan Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8796 of 2015 ====================================================== Ram Prasad Singh & Anr .... .... Petitioner/s

Versus

Ram Lakhan Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Kumar Dwivedi For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-04-2016 Heard learned counsel for the petitioners and learned counsel for the respondents.

The grievance of the petitioners is that the court below without assigning any reason and without applying its judicial mind rejected the application filed by the petitioners for recall of ex-parte hearing order dated 28.11.2013.

Perused the order passed by the court below. It appears that without recording any finding as to whether the petitioners had the knowledge about the proceeding or not, only the court below recorded that "from perusal of the record it appears that the petitioners intentionally did not appear in the case and rejected the application".

In my opinion, the order passed is unreasoned order and cannot be said to be judicial order. The order does not speak about the application of judicial mind. Accordingly, the impugned order

Patna High Court CWJC No.8796 of 2015 (3) dt.27-04-2016 is set aside. The matter is remanded back to the court below for passing fresh order according to law after hearing both the parties. Thus, this writ application is allowed.

(Mungeshwar Sahoo, J) Harish/- U