Kumar Shankar Singh v. Kumar Sunil Singh And ORS

Patna High Court C.Misc. No.622 of 2016 (2) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.622 of 2016 ====================================================== Kumar Shankar Singh .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Dr. Rajesh Kumar Singh 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 06.05.2016 in Partition Suit No. 79 of 2005 passed by the Sub-Judge-V, Sitamarhi.

3.

From perusal of the impugned order, it appears that chance of rebuttal was granted by the Court to the defendants after amendment by terms of order dated 18.07.2013 and, therefore, pursuant to the said order, the court below has allowed to recall D.W.-1. The plaintiff is not challenging the order rather the defendant is challenging. In my opinion, therefore, the court below has rightly allowed the application. This is not a case for interference in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this civil miscellaneous application is dismissed.

brajesh/- (Mungeshwar Sahoo, J) U