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Patna High CourtC.Misc./574/2016dismissed

Hari Narayan Rai v. Jagdish Rai And ORS

2016-09-20Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C.Misc. No.574 of 2016 (2) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.574 of 2016 ====================================================== Hari Narayan Rai .... .... Appellant/s

Versus

Jagdish Rai & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and the learned counsel for the respondents.

2.

Perused the impugned order dated 05.01.2016 in T.S. No. 35 of 1997/29 of 2015 passed by the learned Munsif, Pupari, Sitamarhi.

3.

From perusal of the impugned order, it appears that the evidence of the petitioner was closed on 24.01.2007 after giving sufficient opportunity to adduce evidence. The petitioner filed recall application, which was allowed in 2013 with cost but that was not complied with and no evidence was adduced, as such, again the case of the petitioner was closed. Thereafter, again application for recall has been filed on the ground that the petitioner was ill. The court below considering all these aspects of the matter has held that sufficient opportunity was granted to the petitioner and, therefore, rejected the application.

Patna High Court C.Misc. No.574 of 2016 (2) dt.20-09-2016 4.

From perusal of the impugned order, it appears that more than 10 years have been granted to the petitioner for adducing the evidence but in spite of recall even the petitioner is not complying the order of the court below and delaying the disposal of the suit. In my opinion, therefore, the petitioner himself is guilty of latches and negligence. Therefore, he is not entitled to invoke the supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this civil miscellaneous application is dismissed.

brajesh/- (Mungeshwar Sahoo, J) U