Patna High CourtC. REV./387/2016dismissed

Vijay Kumar Ojha v. Baba Sahab Bhimrao Ambedkar Bihar University, Muzaffarpur And ORS

2017-01-16Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.387 of 2016 In Civil Writ Jurisdiction Case No. 11946 of 2015 ====================================================== Vijay Kumar Ojha .... .... Petitioner/s

Versus

Baba Sahab Bhimrao Ambedkar Bihar University, Muzaffarpur & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-01-2017 Heard the learned counsel for the petitioner. This review application has been filed for review of order dated 16.05.2016 passed by this Court in CWJC No. 11946 of 2015, whereby the writ application was dismissed on the ground that the court below has allowed the application filed by the purchaser for being added as party in the suit. From perusal of the order dated 16.05.2016, it appears that the fact that respondent no. 8 of the writ application had purchased portion of the suit property was not disputed by the University.

The plaintiff has filed the present review application and now he is taking defence that the purchase made by respondent no. 8 in the writ application is based on forged document. Earlier the plaintiff was not knowing this fact.

Patna High Court C. REV. No.387 of 2016 (4) dt.16-01-2017 2/2 So far as this submission of the plaintiff-petitioner is concerned, it is purely question of fact. Therefore, on the basis of this submission, the order impugned may not be interfered with. There is no error on the face of the record. However, the petitioner is at liberty to raise this question before the court concerned and if such application is filed, the court below shall pass necessary order according to law.

So far as this review application is concerned, I find no apparent error on the face of the record, as such, this review application is dismissed.

(Mungeshwar Sahoo, J.) Rakhi U