Bhagwat Prasad Singh v. Kishori Sao

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.38 of 2015 ====================================================== Bhagwat Prasad Singh. Son of Late Ragho Singh. Resident of village and P.O.- Cheron, P.S.- Sarmera, District - Nalanda. ... ... Petitioner/s

Versus

Kishori Sao. Son of Late Haridayal Sao. Resident of village and P.O.- Cheron, P.S.- Sarmera, District - Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Nandan Prasad For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-01-2019 Heard the parties.

(2) By the impugned order, ex.-parte decree passed in Money Suit No.1 of 1998 on 06.04.1999 was set aside on 16.01.2015 on the prayer of the opposite party in Misc. Case No.16 of 2012.

(3) After hearing the parties, this Court is not inclined to interfere with the impugned order except to the extent that cost of Rs.1000/- awarded by the Court below is revisable to the extent of Rs.25,000/- considering the delayed prayer after 12 years, made by the opposite party and harassment caused to the petitioner. The cost shall be paid within three months from today.

(4) This Order has been passed in presence of learned counsel for the opposite party. The Court below is directed that unless the cost is deposited, the suit cannot be treated as restored.

Patna High Court C.R. No.38 of 2015 dt.11-01-2019 2/2 In the event of restoration of the suit, the Court blow shall expeditiously dispose of the same preferably within six months. If any party does not cooperate, the Court below shall proceed according to law.

(5) With the aforesaid observation, the revision application stands disposed of.

(Birendra Kumar, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16/01/2019 Transmission Date NA