Kameshwar Chaudhary v. Jagdish Sah And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.252 of 2017 ====================================================== Kameshwar Chaudhary Son of Late Dular Chaudhary, Resident of VillageDhanauti, P.O. and P.S.- Hazipur, District- Vaishali. ... ... Petitioner

Versus

1.

Jagdish Sah Son of Late Bahadur Sah, 2.

Bali Sah, Son of Late Bahadur Sah, 3.

Krishna Kumar Gupta, Son of Late Bahadur Sah, 4.

Rakesh Kumar Gupta, Son of Late Bahadur Sah, 5.

Bittu Kumar, Son of Late Ashok Sah, 6.

Chanchal Kumar, Son of Late Ashok Sah, 7.

Lila Devi, Daughter of Late Bahadur Sah, 8.

Urmila Devi, Daughter of Late Bahadur Sah, 9.

Nirmala Devi, Daughter of Late Bahadur Sah, 10.

Anita Devi, Daughter of Late Bahadur Sah, All resident of Village- Dhanauti, P.O.- Haripur, P.S.- Haripur Town, District- Vaishali.

... ... Respondents/Opp.Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2020 This application under Section 115 of the Code of Civil Procedure against the impugned order dated 08.10.2001 passed by the learned District Judge, Hazipur in Misc. Case No.75 of 2001, whereby the petitioner's application under Order 41, Rule XIX for recall of an order dated 19.04.1997 passed in Title Appeal no.03 of 1996 cannot be maintained in view of clear bar under the proviso to Section 115 of the Code. This civil revision application is, accordingly, dismissed as not maintainable. However, the petitioner shall

Patna High Court C.R. No.252 of 2017(2) dt.06-01-2020 2/2 have liberty to file an application under Article 227 of the Constitution of India.

The certified copy of the impugned order be returned to learned counsel for the petitioner on demand. (Chakradhari Sharan Singh, J.) nawalkrs/- U