Shyampati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1238 of 2016 ====================================================== Shyampati Devi .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Nagendra Dubey For the Respondent/s : Mr. Madhaw Prasad Yadav-Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Perused the impugned order dated 14.06.2016 passed by learned Subordinate Judge-I, Danapur in Miscellaneous Case No.03 of 2015 whereby the learned court below has only admitted the miscellaneous case and directed to issue notice to the opposite party in the miscellaneous case, who is the petitioner herein. It may be mentioned here that the miscellaneous case has been filed under Order 9 Rule 13 of the Code of Civil Procedure by the respondents. That application has been admitted and notices have been issued. The petitioner instead of appearing before the court below and filing his objection is raising all the disputed questions of fact before this Court which cannot be gone into in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. In fact, this application is frivolous

Patna High Court C.Misc. No.1238 of 2016 (2) dt.25-11-2016 application, which has been filed with a view to delay the disposal of the miscellaneous case.

Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Harish/- U