M/S. Shakti Modern Rice Mill And ORS v. Bihar State Finance Corporation And ORS

Patna High Court C.Misc. No.454 of 2016 (3) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.454 of 2016 ====================================================== M/s. Shakti Modern Rice Mill & Ors .... .... Appellant/s

Versus

Bihar State Finance Corporation & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sunil Srivastava For the Respondent/s : Mr. Raju Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-09-2016 Heard the learned counsel for the petitioners and the learned counsel for the respondents.

Perused the impugned order dated 16.06.2016 passed by the learned Sub Judge V, Aurangabad in Title Suit No.208 of 1996/5 of 2016 whereby the Court below rejected the application filed by the petitioners to hear Misc. Case No.7 of 2002 first which arises out of proceeding under Order 39 Rule 2A C.P.C. From perusal of the impugned order, it appears that learned Court below has assigned good reasons for rejecting the application. The present suit is ready for final argument but the petitioners herein instead of arguing the case is pressurizing the court to hear the miscellaneous case i.e. application under Order 39 Rule 2A C.P.C. The intention of the petitioner is apparent, therefore, the Court below is directed to hear the suit first and thereafter dispose of the miscellaneous case.

Patna High Court C.Misc. No.454 of 2016 (3) dt.05-09-2016 Therefore, I find no reason to interfere with the impugned order. Accordingly, this Civil Miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T