Kumar Ashutosh @ Ashutosh Kumar Jha v. Bipin Kumar Acharya

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.105 of 2020 ====================================================== 1.

Kumar Ashutosh @ Ashutosh Kumar Jha Son of Late Awadhesh Kumar Jha Resident of Village- Gosaindasur, P.S.- Nathnagar, District- Bhagalpur. At present residing at Mohalla- Bikhanpur, P.S.- Jagdishpur, DistrictBhagalpur. 2.

Anupam Manaswi @ Anupam Kumar Jha Son of Late Awadhesh Kumar Jha Resident of Village- Gosaindasur, P.S.- Nathnagar, District- Bhagalpur. At present residing at Mohalla- Bikhanpur, P.S.- Jagdishpur, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

Bipin Kumar Acharya Son of Late Kubernath Nath Acharya Resident of Village- Basudeopur, P.O.- Pachrukhi Bazar, P.S.- Shahkund, DistrictBhagalpur. 2.

Lalan Kumar Acharya Son of Late Kubernath Nath Acharya Resident of Village- Basudeopur, P.O.- Pachrukhi Bazar, P.S.- Shahkund, DistrictBhagalpur. 3.

Bimlendu Parashar Anand Son of Late Kubernath Nath Acharya Resident of Village- Basudeopur, P.O.- Pachrukhi Bazar, P.S.- Shahkund, DistrictBhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Sinha, Advocate For the Respondent/s :

Mr. Pramod Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-10-2023 Heard learned counsel for the parties.

2. By the impugned order the application for rejection of the plaint has been rejected by the Court below.

3. Learned counsel for the petitioners had prayed for rejection of the plaint but the grounds raised by the petitioners do not make out a case for rejection of the plaint as the grounds which are being made out by the defendants are based on his defence, which cannot be considered for rejection

Patna High Court C.Misc. No.105 of 2020(9) dt.31-10-2023 2/2 of the plaint, therefore, this application is dismissed. (Sandeep Kumar, J) Guddu/- U