Hari Shankar Mishra v. Shatrughan Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1629 of 2018 ====================================================== Prabhat Kumar Mishra @ Radha Raman Mishra S/o Late Hari Shankar Mishra Resident of Village- Dharsam, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga.
... ... Petitioner/s
Versus
1.
Shatrughan Jha Son of Late Matter Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 2.
Uday Chandra Jha Son of Shatrughan Jha Resident of Village- Hari Nagar, 3.
Vijay Chandra Jha Son of Shatrughan Jha Resident of Village- Hari Nagar, 4.
Prem Chandra Jha Son of Shatrughan Jha Resident of Village- Hari Nagar, 5.
Gunanand Jha Son of Shatrughan Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 6.
Lallan Jha Son of Shatrughan Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 7.
Manoj Kumar Jha Son of Uday Chandra Jha Resident of Village- Hari 8.
Ranjeet Kumar Jha Son of Uday Chandra Jha Resident of Village- Hari 9.
Smt. Bhagwan Devi Wife of late Devchandra Jha Resident of Village- Hari 10.
Smt. Krishna Kumari Daughter of Late Dev Chandra Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, 11.
Sanjeet Kumar Jha Son of Vijay Chandra Jha Resident of Village- Hari 12.
Indra Mohan Jha Son of Vijay Chandra Jha Resident of Village- Hari Nagar, 13.
Chandra Mohan Jha Son of Vijay Chandra Jha Resident of Village- Hari 14.
Mukund Kumar Jha Son of Vijay Chandra Jha Resident of Village- Hari 15.
Kishori Kumari Daughter of Vijay Chandra Jha Resident of Village- Hari
2/5 16.
Dhiraj Kumar Jha Son of Prem Chandra Jha Resident of Village- Hari 17.
Smt. Sapna Devi Daughter of Prem Chandra Jha Resident of Village- Hari 18.
Niki Kumari minor daughter of Gunanand Jha under the guardianship of their father Gunanand Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 19.
Swati Kumari minor daughter of Gunanand Jha under the guardianship of their father Gunanand Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 20.
Salu Kumari minor daughter of Gunanand Jha under the guardianship of their father Gunanand Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 21.
Raushan Kumar Jha minor son of Gunanand Jha under the guardianship of his father Gunanand Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 22.
Deepak Kumar Jha minor son of Lallan Jha under the guardianship of their father Lallan Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 23.
Alok Kumar Jha minor son of Lallan Jha under the guardianship of their father Lallan Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 24.
Divya Kumari minor daughter of Lallan Jha, under the guardianship of their father Lallan Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 25.
Jibachh Jha Son of Late Tudo Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 26.
Asharfi Jha Son of Late Tudo Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 27.
Mahanand Jha Son of Late Aviram Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 28.
Shashi Kant Jha Son of Late Aviram Jha Resident of Village- Hari Nagar, 29.
Ashish Jha Son of Late Aviram Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 30.
Janardan Jha Son of Late Gopi Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga. 31.
Kari Jha Son of Late Gopi Jha Resident of Village- Hari Nagar, Post OfficeHari Nagar, Police Station- K. Asthan, District- Darbhanga. 32.
Naveen Jha Son of Late Gopi Jha Resident of Village- Hari Nagar, Post Office- Hari Nagar, Police Station- K. Asthan, District- Darbhanga.
3/5 33.
Subhash Jha Son of Late Ram Avtar Jha Resident of Village- Hari Nagar, 34.
Raj Kamal Jha Son of Late Ram Avtar Jha Resident of Village- Hari Nagar, 35.
Amarjeet Jha Son of Late Ram Avtar Jha Resident of Village- Hari Nagar, 36.
Purushottam Jha Son of Late Ram Avtar Jha Resident of Village- Hari 37.
Abhumannu Jha Son of Late Ram Avtar Jha Resident of Village- Hari Nagar, 38.
Smt. Sushila Devi Wife of Ram Avtar Jha Resident of Village- Hari Nagar, 39.
Smt. Kamini Devi Daughter of Hari Shankar Mishra, Wife of Badri Kuwar Resident of Village and Post Office- Kanhai, Police Station- Kanhai, Police Station- Ghanshyampur, District- Darbhanga.
40.
Smt. Kamakhya Devi Daughter of Hari Shankar Mishra, Wife of Jigendra Jha Resident of Village and Post Office- Harauli, Police StationKusheshwar Asthan, District- Darbhanga. 41.
Smt. Kalyani Devi Daughter of Hari Shankar Mishra, Wife of Manoj Kumar Jha Resident of Village and Post Office- Hirni, Police Station- Kusheshwar Asthan, District- Darbhanga.
42.
Binod Jha Son of Mukeshwar Jha Resident of Village- Harouli, Police Station- Kusheshwar Asthan, District- Darbhanga. 43.
Smt. Pabitri Devi Wife of Ramakant Kumar Resident of Village and Post Office- Kanhai, Police Station- Ghanshyampur, District- Darbhanga. 44.
Jata Shankar Mishra Son of Late Rani Mishra Resident of Village- Dharsam, 45.
Gaga Nath Mishra Son of Late Jata Shankar Mishra Resident of VillageDharsam, Post Office- Hari Nagar, Police Station- K. Asthan, District46. Bidya Nath Mishra Son of Late Jata Shankar Mishra Resident of VillageDharsam, Post Office- Hari Nagar, Police Station- K. Asthan, District47. Smt. Rambha Devi Daughter of Jata Shankar Mishra, Wife of Ashok Mishra Resident of Village and Post Office- Hari Nagar, Police Station- Kusheshwar Asthan, District- Darbhanga.
48.
Smt. Prabha Devi Daughter of Late Jata Shankar Mishra, Wife of Dweki Nandan Mishra Resident of Village and Post Officer- Asharpur, Police Station- Ghanshyampur, District- Darbhanga.
49.
Smt. Jibachhi Devi Daughter of Late Bedi Mishra, Wife of Nityanand Jha Resident of Village- Bishunpur, Post Office- Brti, Police Station- K. Asthan, 50.
Smt. Shakuntla Devi Daughter of Late Bedi Mishra Resident of Village and Post Office- Biraul Tole Ram Nagar, Police Station- Biraul, District-
4/5 51.
Smt. Ratan Devi Daughter of Late Bedi Mishra, Wife of Dayanand Jha, Resident of Village and Post Office- Harauli, Police Station- Kusheshwar Asthan, District- Darbhanga.
52.
Smt. Ahilya Devi Daughter of Late Bedi Mishra, Wife of Bauvajee Jha Resident of Village- Dakhram, Police Station- Bahera, District- Darbhanga. 53.
Smt. Manjula Devi Daughter of Late Bedi Mishra, Wife of Bhavnath Jha Resident of Village- Goimisra Lagama, Police Station- Ghanshyampur, ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Karn For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-08-2023 Heard the parties.
2. This application has been filed for set aside the order dated 06.08.2018 passed in Title Suit No. 76 of 2013 passed by learned Sub Judge, Biraul, Darbhanga whereby learned Judge has been pleased to allow the petition filed by the plaintiff/respondent for examination of the signature by Handwriting expert of Patwari, namely Nand Lal Chaudhary made over the receipt, which has been marked Exhibit on behalf of defendants without any pleadings amended in the plaint.
3. By order dated 06.08.2018 passed in Title Suit No. 76 of 2013, the Sub Judge has allowed the application filed by the plaintiff for examination of the signature of the Patwari, Nand Lal Chaudhary by the handwriting expert (FSL), there is no illegality in the impugned order, this application is dismissed.
5/5
4. Since the suit is pending from 2013, the court below is directed to conclude the proceedings expeditiously preferably within a year from the date of communication of this order.
(Sandeep Kumar, J) Ranjeet/- U