Rakesh Kumar @ Rakesh Kumar Sah v. Nirmala Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.85 of 2016 ====================================================== Rakesh Kumar @ Rakesh Kumar Sah .... .... Appellant/s

Versus

Nirmala Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dr. Manoj Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-08-2016 Heard the learned counsel, Dr. Manoj Kumar, for the petitioner.

Perused the impugned order dated 10.03.2016 passed by Munsif IInd, Bhagalpur in Eviction Suit No.81 of 1983. The eviction suit has been filed by the plaintiff respondent in the year 1983. After issuance of summons, when the defendant did not appear, the suit was fixed for ex.-parte haring. Evidences were adduced by the plaintiff and after argument, the case was fixed for judgment and at this stage, the petitioner has appeared and filed the application for setting aside the order ex.-parte. The Court below considered all the aspects of the matter held that the suit is of the year 1983 and the petitioner has filed this application at this stage when the suit has been fixed for judgment only but delay the disposal of the eviction suit.

In view of the above finding recorded by the Court below

Patna High Court C.Misc. No.85 of 2016 (2) dt.03-08-2016 2/2 and considering the nature of the suit, i.e., eviction suit, in my opinion, no case for interference in supervisory jurisdiction is made out.

Accordingly, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U