Shyam Nath Singh v. Ram Nath Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.36 of 2016 ====================================================== Shyam Nath Singh, Son of Late Baidyanath Prasad Singh, R/o VillageNawkothi, P.O.

& P.S.-Nawkothi, Sub-Division-Bakhari, DistrictBegusarai, present address: R/o Usha Mansion, at Lohia Nagar, P.O.-Suhrid Nagar, P.S.-Begusarai Sadar, District-Begusarai-851218, Bihar.. Petitioner.

Versus

1. Ram Nath Prasad Singh.

2. Dr. Harihar Prasad Singh @ Harihar Nath Singh. Both sons of Late Baidyanath Prasad Singh.

3. Akshey Kumar @ Bikki, son of Late Amarnath Singh.

4. Garima @ Chhoti, D/o Late Amarnath Singh.

5. Sandeep Kumar.

6. Saket Kumar.

Both Sons of Ramnath Prasad Singh.

7. Vanayak Kumar.

8. Pranay Kumar.

Both Sons of Dr.Harihar Prasad Singh @ Harihar Nath Singh.

9. Smt. Sobha Devi, W/o Ramnath Prasad Singh.

10. Smt Usha Devi, W/o Shyamnath Prasad Singh.

11. Smt. Manju Devi, W/o Dr.Harihar Prasad Singh.

12. Smt. Baidehi Devi, W/o Amarnath Singh.

All residents of Village-Nawkothi, P.O. & P.S.-Nawkothi, SubDivision-Bakhari, District-Begusarai.

13. Abhinash Kumar.

14. Ashwini Kumar.

Both Sons of Shyam Nath Singh, R/o Village-Nawkothi, P.O. & P.S.- Nawkothi, Sub-Division-Bakhari, District-Begusarai.

15. The State of Bihar. ----Opposite Parties. ====================================================== Appearance :

For the Petitioner/s : Mr. Avanish Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT 29-03-2016 Heard Mr. Avanish Kumar Singh, learned

Patna High Court C.R. No.36 of 2016 (2) dt.29-03-2016 counsel appearing for the petitioner.

After considering the submissions, the delay in filing this revision application is condoned. Learned counsel for the petitioner has also made submissions on the merits of this revision application. By the impugned order, the learned District Judge, Begusarai has rejected the petition filed by the petitioner for retaining the suit filed by him at Begusarai by recalling the order by which it has been transferred to the court of Sub Judge, Bakhari.

After considering the submissions and perusal of the impugned order, it is manifest that the learned District Judge has taken into notice that the parties are residents of village-Nawkothi which falls within the jurisdiction of Bakhari court. It has also been observed in the impugned order that there is less pendency of cases before the Bakhari court and therefore the chance of early disposal of this suit is fair before that court in comparison to the court at Begusarai where large number of cases are pending for disposal.

The aforesaid reasons assigned in the impugned order does not appear to be arbitrary or perverse in any manner. This Court, therefore, does not find any error of jurisdiction or illegality committed by the learned court

Patna High Court C.R. No.36 of 2016 (2) dt.29-03-2016 below.

This revision application is, accordingly, dismissed with observation that the suit filed by the plaintiff would be disposed of at the earliest in view of the similar observation made in the impugned order.

(V. Nath, J) Nitesh/- U