Sita Ram Singh v. Ram Sakal Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1372 of 2016 ====================================================== Sita Ram Singh .... .... Appellant/s

Versus

Ram Sakal Singh .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mukesh Kumar No-1 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner.

Perused the impugned order dated 30.09.2016 passed by Judicial Magistrate, 1st Class, Samastipur in Eviction Suit No.02 of 2013 whereby the learned court below allowed the application filed by the respondent for rejection of the compromise and to allow the respondent to contest the suit on merit. It appears that compromise application was filed and in support of the compromise parties adduced evidences and ultimately an application was filed by the respondent to the effect that he is an illiterate and did not understand the impact of the compromise, therefore, he prayed that compromise application be rejected and he may be allowed to contest the suit, which has been allowed by the court below.

In such view of the matter I find no jurisdictional error

Patna High Court C.Misc. No.1372 of 2016 (2) dt.16-12-2016 in the impugned order passed by the court below. Thus, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U