Chandrashekhar, J. - (1.) Aggrieved of order dated 05.12.2016 passed in Title Suit No.50 of 2014, whereby application seeking recall of order by which the suit was set for exparte hearing has been declined, the petitioners have approached this Court.
(2.) Title Suit No.50 of 2014 was instituted by Md. Harun for a declaration of his right, title and interest over ScheduleC land and for a declaration that deed/deeds, if any, obtained by defendant nos.1 and 2 in respect of ScheduleC land is void illegal and is not binding on the plaintiff. Another prayer in the suit is for recovery of possession, if it is found that the plaintiff has been dispossessed from ScheduleC land during pendency of the suit. The defendants were served summons on 17.06.2014, however, they did not appear in the suit and finally by an order dated 27.08.2015 the suit was set for exparte hearing. On 24.11.2015, the defendants appeared in the suit and filed an application on 26.11.2015 for recall of order dated 27.08.2015. This application has been dismissed by the impugned order dated 05.12.2016.
(3.) Mr. Amar Kumar Sinha, the learned counsel for the petitioners submits that dismissal of application dated 26.11.2015 is apparently erroneous, for the petitioners have pleaded plausible explanation for their nonappearance in the pending suit.;