Ramji Prasad v. Vijay Kumar Singh And ORS

Patna High Court CWJC No.4788 of 2016 (2) dt.28-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4788 of 2016 ====================================================== Ramji Prasad .... .... Petitioner/s

Versus

Vijay Kumar Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Kant For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-04-2016 Heard learned counsel Mr. Chandra Kant, appearing for the petitioner.

It appears that on 05.02.2013, the court below appointed Pleader Commissioner. The present petitioner filed application for recall of the said order on 26.06.2014 i.e. after 14 months. By the impugned order, the court below has rejected the said application recording finding that the order was passed after hearing both the parties. Therefore, it cannot be said that the order passed by the court below prejudiced the petitioner in any way nor it occasioned failure of justice. By the impugned order, the rights of the parties have not been decided. Therefore, the impugned order cannot be interfered with in exercise of supervisory jurisdiction. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) brajesh/- U