Krishnadeo Prasad Kushbaha v. Parwati Devi @ Paro Devi And ORS

Patna High Court CWJC No.4765 of 2016 (2) dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4765 of 2016 ====================================================== Krishnadeo Prasad Kushbaha .... .... Petitioner/s

Versus

Parwati Devi @ Paro Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner.

Perused the order dated 16.12.2015 passed by the learned Sub-Judge-II, Sheikhpura in T.S. No. 14(M) of 1993. The learned counsel for the petitioner submitted that for the ends of justice, one chance be given to the petitioner for producing the evidence.

From perusal of the impugned order, it appears that the court below has passed a reasoned order considering the conduct of the petitioner. It further appears that earlier the petitioner's case was closed on 01.04.2014 and on his prayer, subsequently, it was re-opened and the petitioner was directed to produce evidence within three months but he did not produce and subsequently, the case was closed and again application was filed. In the facts and circumstances of the case, I find that the order cannot be said to be irrational order nor it can be said

Patna High Court CWJC No.4765 of 2016 (2) dt.21-06-2016 that the Court has no jurisdiction to reject the application considering the conduct of the petitioner.

The suit is of the year 1993, accordingly, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) brajesh/- U