Brijkishore Bhagat v. Ashnain Ali And ANR

Patna High Court CWJC No.11272 of 2013 (2) dt.23-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11272 of 2013 ====================================================== Brijkishore Bhagat S/O Late Sitaram Bhagat Resident Of Mohalla - Bada Telpa Mathia, P.O. + P.S. - Chhapra, District - Saran At Chapra .... .... Petitioner

Versus

1. Hashnain Ali S/O Bhagelu Mia (Marhum) Resident of Mohalla - Bada Telpa Mathia, P.O. + P.S. - Chhapra, District - Saran at Chapra

2. Sheshnath Prasad S/O Late Durga Prasad Resident of Village - Amnour, P.O. + P.S. - Amnour, District - Saran at Chapra Respondents Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

Gone through the order impugned dated 04.04.2013 passed by the learned Munsif 1st Saran at Chhapra in Misc. Case No. 2 of 2012. The petitioner who happens to be the applicant before the learned lower court, in spite of having given sufficient opportunity even two occasions after closing the case, failed to avail the same side by side also failed to pay the cost. However, in the interest of justice, one more opportunity is given to the petitioner at the cost of Rs.10,000/- (Ten thousand) which should be deposited within seven days and further, having the case re-open, evidence be concluded within seven days, failing which the privilege so granted therein in favour of the petitioner will cease to survive.

Patna High Court CWJC No.11272 of 2013 (2) dt.23-09-2016 With the aforesaid condition, the petition is disposed of. (Aditya Kumar Trivedi, J) m.pal U T