Sanjay Kumar Rai v. Ram Chandra Yadav And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.2003 of 2017 ====================================================== Sanjay Kumar Rai son of Late Ram Sewak Rai resident of village and P.O. - Bhirha, P.S. - Rosera, District - Samastipur. ... ... Plaintiff/Petitioner
Versus
1. Ram Chandra Yadav son of Jibach Yadav
2. Hari Kant Yadav son of Moti Yadav Both residents of village Mouza Bhora Bahera, P.O. Bharwari, P.S. Rosera, Sub - Division - Rosera, District - Samastipur. ... ...Defendants 1st Party/Respondents 1st Party
3. Smt. Sangita Kumari wife of Birendra Kumar Chourasia resident of village Mouza - Pawra, P.O. - Sonepur, P.S. - Rosera, District - Samastipur. ... ...Defendant 2nd Party/Respondent 2nd Party ====================================================== Appearance :
For the Appellant/s :
Mr. Abhay Kumar Singh For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-09-2018 Heard Mr. Abhay Kumar Singh, the learned counsel for the petitioner.
2. The petitioner has filed this civil miscellaneous petition against the order dated 31.08.2017, passed by learned Sub-Judge-V, Rosera, Samastipur in Title Suit No.424 of 2014 by which the learned Sub-Judge accepted the Written Statements of the defendants after condoning the delay in filing the Written Statements on payment of cost of Rs.300/-.
3. Mr. Abhay Kumar Singh, learned counsel for the petitioner submits that the defendants no.1 and 2 appeared but did not file W.S. The suit was fixed for ex-parte hearing but thereafter the defendants filed petition along with W.S. and the
Patna High Court C.Misc. No.2003 of 2017(2) dt.25-09-2018 2/2 learned court without recalling the order fixed for ex-parte hearing accepted the Written Statements of the defendants.
4. I find no reason to interfere in the order impugned on the grounds that the learned Sub-Judge has condoned the delay and accepted the Written Statement on payment of cost. The order fixing for ex-parte hearing shall be deemed to have been recalled.
5. Accordingly, this civil miscellaneous petition is dismissed as devoid of any merit.
(Prabhat Kumar Jha, J) S.KUMAR/- U