Lalan Singh And ORS v. Sheo Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3325 of 2016 ====================================================== Lalan Singh & Ors .... .... Petitioner/s

Versus

Sheo Prasad Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Dubey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-07-2016 Heard the learned counsel, Mr. Arun Kumar, for the petitioner.

Perused the order dated 24.7.2015 passed by the learned Munsif Sub-Divisional Court, Daudnagr, Aurangabad in Title Suit No.156 of 1997 (wrongly typed as 456/1997 in first paragraph) whereby the Court below has rejected the application filed by the petitioner under Order 7 Rule 11(b) of the Code of Civil Procedure.

From perusal of the impugned order, it appears that the Court below held that the earlier also same application was filed by the petitioner which has already been rejected by the Court. In the present case also, the claim of the petitioner is that the suit is under valued and, therefore, the plaintiff has been rejected. Admittedly, there is no finding of the Court below that the suit is under valued and the Court below never directed the

Patna High Court CWJC No.3325 of 2016 (2) dt.18-07-2016 2/2 plaintiff to correct the valuation so as to exercise a jurisdiction under Order 7 Rule 11(b) CPC.

In view of the above fact, in my opinion, no prejudice is caused to the petitioner as such this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T