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Patna High CourtC.Misc./1519/2016dismissed

Naresh Prasad Singh Yadav @ Naresh Singh Yadav v. Hari Lal Yadav And ORS

2016-12-22Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C.Misc. No.1519 of 2016 (2) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1519 of 2016 ====================================================== Naresh Prasad Singh Yadav @ Naresh Singh Yadav .... .... Appellant/s

Versus

Hari Lal Yadav & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Soni Shrivastava For the Respondent/s : Mr. Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-12-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 21.06.2016 passed by Sub Judge I, Munger in Title Suit No.10B/2004 whereby the learned Court below has rejected the application filed by the petitioner for a direction to the plaintiff to provide him a copy of the plaint.

The suit is of the year 2004 and now at this stage, this application has been filed by the defendant for directing the plaintiff to serve a copy of the plaint.

It may be mentioned here that at the stage when the suit was pending before the Munsif, he had already appeared and filed an application under Order VII Rule 11 C.P.C. raising the pecuniary jurisdiction. Now, therefore, at this stage, there is no question of again directing the plaintiff to serve a copy of the plaint.

Patna High Court C.Misc. No.1519 of 2016 (2) dt.22-12-2016 Thus, I find no jurisdictional error in the impugned order and accordingly, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T