Ram Bilash Mahton v. Biran Paswan

Patna High Court CWJC No.6106 of 2016 (2) dt.27-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6106 of 2016 ====================================================== Ram Bilash Mahton .... .... Petitioner/s

Versus

Biran Paswan .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-07-2016 The learned counsel, Mr. Nand Kishore Prasad Sinha for the petitioner submitted that there is no harm in recalling P.W.1 for his further re-examination in the suit but the Court below has rejected the prayer by the impugned order dated 14.01.2016 passed by Munsif II, Begusarai.

The Hon'ble Supreme Court in the case of Vadiraj Naggappa Vernekar (deceased by L. Rs.) v. Sharad Chand Prabhakar Gogate, AIR 2009 Supreme Court 1604 has held that "the power under the provisions of O. 18 R. 17 is to be sparingly exercised and in appropriate cases and not as a general rule merely on the ground that his recall and reexamination would not cause any prejudice to the parties.

In view of the above facts and circumstances of the case,

Patna High Court CWJC No.6106 of 2016 (2) dt.27-07-2016 I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Saurabh/- U T