Bindeshwari Mandal v. Vijay Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.181 of 2018 ====================================================== Bindeshwari Mandal Son of Late Arjuna Mandal, Resident of VillageRampur, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner/s
Versus
1.
Vijay Mandal Son of Late Arjuna Mandal Resident of Village- Rampur, P.S.- Kahalgaon, District- Bhagalpur.
2.
Pawan Mandal, Son of Late Arjuna Mandal Resident of Village- Rampur, P.S.-Kahalgaon, District- Bhagalpur.
3.
Vijendra Mandal, S/o Late Anmol Mandal Resident of Village- Rampur, P.S.-Kahalgaon, District- Bhagalpur.
4.1. Najo Devi Wife of Late Garib Mandal Resident of Village- Rampur, P.S.- Kahalgaon, District- Bhagalpur.
4.2. Sunil Mandal S/o Late Garib Mandal Resident of Village- Rampur, P.S.- Kahalgaon, District- Bhagalpur.
4.3. Bina Devi Wife of Ranjit Mandal Resident of Village Parsuram Chak, (Kurmichak), P.S.- Antichak, District- Bhagalpur. 4.4. Pinki Devi Wife of Rabindra Mandal Resident of Village- Lailakh, P.S.- Sabor, District- Bhagalpur.
5.
Budhu Mandal, Son of Late Chunaman Mandal Resident of VillageRampur, P.S.-Kahalgaon, District- Bhagalpur. 6.
Binod Mandal, Son of Late Chunaman Mandal Resident of Village- Rampur, P.S.-Kahalgaon, District- Bhagalpur.
7.
Shivendra Mandal, Son of Late Fonelal Mandal Resident of VillageRampur, P.S.-Kahalgaon, District- Bhagalpur. 8.
Devendra Mandal, Son of Late Fonelal Mandal Resident of VillageRampur, P.S.-Kahalgaon, District- Bhagalpur. 9.1. Nirmala Devi Wife of Late Sukhdeo Mandal Resident of Village- Rampur, P.S.-Kahalgaon, District- Bhagalpur.
10.
Rupesh Mandal @ Hawa, S/o Shree Sukhdeo Mandal Resident of VillageRampur, P.S.-Kahalgaon, District- Bhagalpur. 11.
Subodh Mandal, S/o Balli Mandal Resident of Village- Rampur, P.S.- Kahalgaon, District- Bhagalpur.
12.
Abhay Mandal, S/o Balli Mandal Resident of Village- Rampur, P.S.- Kahalgaon, District- Bhagalpur.
13.
Basanti Devi, W/o Jatesh Mandal Resident of Village- Rampur, P.S.- Kahalgaon, District- Bhagalpur.
14.
Braj Nandan Kumar, Son of Late Jatesh Mandal Resident of VillageRampur, P.S.-Kahalgaon, District- Bhagalpur. 15.
Aswini Kumar, Son of Late Jatesh Mandal Resident of Village- Rampur, P.S.-Kahalgaon, District- Bhagalpur.
Patna High Court C.Misc. No.181 of 2018(18) dt.11-09-2023 2/3 16.
Sudhu Mandal, S/o Andhi Mandal Resident of Village- Rampur, P.S.- Kahalgaon, District- Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Jha, Advocate Mr. Sushil Kumar Jha, Advocate For the Respondent/s :
Mr. Abinash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-09-2023 Heard the submission of the learned counsel for the petitioner and the learned counsel for the respondents. The present application is directed against the order dated 10.10.2017 passed by Munsif, Kahalgaon in T.S. No. 59 of 2010 by which the application dated 11.09.2017 filed by the petitioner to mark three registered sale deed as evidence and also to amend the two numerical figures and four names in the plaint have been rejected.
The rejection is on the ground that it has been filed after delay. The application has been rejected in the year 2017 whereas the sale deed was filed in the year 2014. Sri Avinash Kumar has opposed the prayer of the petitioner and has submitted that the impugned order is legal and cannot be interfered with.
In my opinion, the sale deed can be exhibited and the application dated 11.09.2017 as mentioned above can be allowed in the interest of justice.
Patna High Court C.Misc. No.181 of 2018(18) dt.11-09-2023 3/3 The application dated 11.09.2017 is allowed with liberty to the respondents to rebut the same in accordance with law.
Title Suit is directed to be decided expeditiously preferably within a period of one year from the date of receipt of a copy of this order.
The Court below will proceed ex parte against the non-cooperating party and will not grant any unnecessary adjournment.
(Sandeep Kumar, J) Guddu/- U T