Hari Sahani And ORS v. Kishundeo Rai And ORS

Patna High Court C.Misc. No.1301 of 2016 (2) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1301 of 2016 ====================================================== Hari Sahani & Ors .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Anil Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-12-2016 Heard learned counsel for the petitioners.

Perused the impugned order dated 07.09.2016 passed by learned Subordinate Judge-I, Motihari in Miscellaneous Case No.15 of 2015 whereby the learned court below set aside ex-parte judgment and decree holding that the defendant Arbind Singh died during the pendency of the suit but the legal representatives were not substituted and suit was decreed ex-parte. In such view of the matter when the miscellaneous case under Order 9 Rule 13 CPC has been allowed and the suit has been restored to its original file, I am not inclined to interfere with the impugned order in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this civil miscellaneous application is dismissed.

Harish/- (Mungeshwar Sahoo, J) U