Lalpari Devi v. Rajeshwar Mahto

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.30 of 2022 ====================================================== Lalpari Devi Wife of Chandra Bhushan Singh Resident of Bara Telpa, Police Station Chapra Sadar, District Saran, Chapra. ... ... Petitioner/s

Versus

1.

Rajeshwar Mahto Son of Chandrika Mahto Resident of Village Mauna Tola Ram Nagar, P.S. Chapra Muffasil, District Saran, Chapra. 2.

Binay Kumar Son of Late Jagdish Prasad Resident of Mohalla New Colony Chhota Telpa P.S. Chapra Town, District Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kripa Nand Jha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2022 Heard learned Counsel for the petitioner.

Learned Counsel for the petitioner submits that the suit for declaration of title (Title Suit No. 554 of 2013) filed by the petitioner-plaintiff was kept for ex-parte hearing on 19.07.2014, but the said order has been recalled by the learned Court below by the impugned order dated 28.09.2021, which is against the provisions of Order V Rules 15, 16 and 20 of the C.P.C.

I have gone through the impugned order and it appears that the learned Court below has recalled the order of ex-parte hearing of the suit on the application of the defendantsrespondents in the interest of justice. I do not find any material irregularity or jurisdictional

Patna High Court C.Misc. No.30 of 2022(2) dt.23-06-2022 2/2 error in the impugned order.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √