Brahamdeo Prasad v. Basudeo Narayan Bhojpuri And ORS
Patna High Court CWJC No.7584 of 2014 (5) dt.17-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7584 of 2014 ====================================================== Brahamdeo Prasad son of Late Chutari Sao resident of Mohalla - Garhpar Town, P.S. and District - Nawadah.
.... .... Petitioner/s
Versus
1. Basudeo Narayan Bhojpuri Son of Late Thakur Prasad
2. Smt. Kaushilya Devi @ Uma Devi wife of Basudeo Narayan Bhojpuri Both are resident of Mohalla Prasad Bigha, P.S. AND District Nawada.
3. Sachidanand Prasad @ Chote Lal Son of late Chutari Sao
4. Barij Kishore Bhojpuri son of Late Thakur Prasad
5. Krishan Devi Wife of Brij Kishore Bhojpuri Resident of Mohalla - Purani Bazar, P.S. and District Nawada.
.... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Hansraj For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 17-03-2016 Heard Mr.Mrigendra Kumar, the learned counsel for the petitioner.
The present application under Article 227 of the Constitution of India has been filed assailing the impugned order by which the learned court below has rejected the prayer on behalf of the petitioner for adducing oral and documentary evidence in the suit.
It transpires from the order sheet which has been annexed with the writ application that the evidence of the defendant was closed and thereafter 27 witnesses have already been examined and the suit was placed for argument. It has further
Patna High Court CWJC No.7584 of 2014 (5) dt.17-03-2016 been taken into notice by the learned court below that no step was taken by the defendant for producing evidence in the meantime. It appears from the record that the suit has been filed in the year 2002 and thereafter it has been posted for argument by order dated 03.02.2014.
In view of the aforesaid facts and after considering the submissions, this Court does not find any reason to interfere in the impugned order.
The writ application is accordingly dismissed. (V. Nath, J) Nitesh/- U