Parshuram Sah v. Munilal Sahu And ORS

Patna High Court C.Misc. No.153 of 2016 (2) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.153 of 2016 ====================================================== Parshuram Sah .... .... Appellant/s

Versus

Munilal Sahu & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashwini Kumar Rai For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner.

Perused the order passed by the learned A.D.J. IX, Chapra at Saran dated 10.02.2016 in Title Appeal No.41 of 1996784 of 2014. The learned court below rejected the application under Order 41 Rule 27 of the Code of Civil Procedure recording a clear finding that in this present case none of the clauses enumerated in Order 41 Rule 27 of the Code of Civil Procedure is applicable and considering various decisions of the High Court as well as the Supreme Court passed a reasoned order rejecting the application under Order 41 Rule 27 of the Code of Civil Procedure. Therefore, the order cannot be said to be illegal or the order is passed in the manner not permitted by law. Therefore, I find no reason to interfere with the impugned order. Thus, this application is dismissed.

Harish/- (Mungeshwar Sahoo, J) U