Pratima Singh @ Kumari Partima Singh v. Lalita Devi @ Lalita Kunwar And ORS

Patna High Court CWJC No.3849 of 2016 (2) dt.18-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3849 of 2016 ====================================================== Pratima Singh @ Kumari Partima Singh .... .... Petitioner/s

Versus

Lalita Devi @ Lalita Kunwar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Jeet Kumar For the Respondent/s : Mr.

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

2.

Perused the order dated 09.11.2015 passed by the learned Sub-Judge-II, Bhojpur at Ara in T.S. No. 272 of 2013. 3.

It appears that the court below considered the fact that defendant No.1 is very old lady and, therefore, directed that her evidence be recorded under the provision of Order 18 Rule 16 C.P.C, first as special witness.

4.

In view of the above fact when the court below on the basis of the evidence came to the conclusion that defendant No.1 is very old lady, which appears to be admitted fact and her evidence as special witness is essential, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) U brajesh/-