Ashok Kumar And ORS v. Jogen Rishi And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.211 of 2017 ====================================================== Ashok Kumar & Ors .... .... Appellant/s

Versus

Jogen Rishi & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Md. Helal Ahmad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-02-2017 1.

Perused the order dated 09.09.2016 passed by learned Sub Judge I, Barsoi, Katihar in Title Suit No.278 of 2011. 2.

It appears that the present petitioners who are defendant No.2 to 5 in the Court below filed application for deleting their name from the cause title of the suit on the ground that they are not necessary party because the plaintiff and the other defendants have already compromised. By the impugned order the Court below has held that the present petitioners have already appeared and filed a written statement and have not admitted the case of the plaintiff. By filing this application, no new facts have been brought on record and, therefore, at this stage, the petitioner's name cannot be struck out under Order 1 Rule 10 sub Rule 2 CPC. 3.

Since the defendant-petitioner have already filed written statement and the suit is proceeding and till today, the suit has not

Patna High Court C.Misc. No.211 of 2017 (2) dt.06-02-2017 2/2 been disposed of on the basis of compromise between the parties, the order passed by the Court below cannot be said to be an order passed in the manner not permitted by law or the order suffers from jurisdictional error or that the impugned order occasion failure of justice or that the petitioner in any way is prejudiced by the impugned order.

4.

Thus, in my opinion, no case for interference under Article 227 of the Constitution of India is made out. Thus, this Civil Misc. application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T