RANCHI, India, Oct. 9 -- Jharkhand High Court issued the following order on Sept. 9:

Heard, learned counsel for the petitioner.

1. Earlier notices were issued upon Opp. Party Nos.1 to 3 and from the office note dated 08.09.2025, notices appears to have been validly served. However, despite valid service of notice, none has appeared on behalf of them.

2. The instant CMP has been filed under Article 227 of the Constitution of India for setting aside the order dated 20.09.2023 passed by learned Civil Judge (Sr. Division)-I, Deoghar, in Misc. Case No.10 of 2011 arising out of Title (D) Suit No.26 of 1984 whereby and whereunder the learned Trial Court has rejected the petition dated 19.01.2023 filed for recall of the order dated 15.12.2022.

3. Petitioner was the defendant in the original suit which was decreed ex-parte on 23.02.1988 and in order to set aside the ex-parte decree, a petition under Order IX Rule 13 CPC was filed on 13.05.2011 and three witnesses were examined by the learned Trial Court and finally the evidence was closed on 15.12.2022.

4. After the evidence was closed, the petitioner moved the Court to recall the order which was rejected by the Trial Court against which the instant CMP has been filed.

5. It is submitted by learned counsel for the petitioner that only one accommodation is required for concluding the evidence of the petitioner/ defendant.

6. This is yet another case which reflects the lackadaisical and casual manner in which the petitioner is pursuing the case. The progress and the manner of pursuing the case speaks volume about the conduct of the petitioner. Suit of 1984 is decreed ex parte in the year 1988. A miscellaneous case for setting aside the decree is filed in 2011 and it is pending for evidence till 2023 when the evidence is closed, and still the Petitioner is seeking time to conclude his evidence in the said miscellaneous case.

7. Hon'ble the Supreme Court has held in 1996 (5) SCC 530 [ Buddhi Kota Subbarao (Dr.) vs. K. Parasaran that no litigant has a right to unlimited drought on the court time and public money in order to get his affairs settled in the manner as he wishes. Easy access to justice should not be misused as a licence to file misconceived or frivolous petitions.

8. I do not find any merit in the instant CMP and the same is hereby dismissed. Pending I.A., if any, also stands dismissed.

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