Patna High CourtC.Misc./12/2016allowed

Munna Prasad v. Smt. Usha Devi And ORS

2017-02-15Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C.Misc. No.12 of 2016 (4) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.12 of 2016 ====================================================== Munna Prasad .... .... Petitioner/s

Versus

Smt. Usha Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Nandan Sahay For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-02-2017 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

Perused the impugned order dated 01.03.2016 passed by learned Munsif, Bhabhua in Title Suit No.105 of 1996 whereby the learned court below has allowed the application under Order 39 rule 7 C.P.C. filed by the defendants-respondents praying for appointment of Pleader Commissioner.

Admittedly, the plaintiff-petitioner has filed this aforesaid title suit for declaration that the sale deed dated 30.07.1991 executed in favour of the defendants-respondents is null and void sale deed, therefore, in view of the nature of relief claimed by the plaintiff, the sale deed is admitted by the plaintiff. The question is whether the sale deed is void or not and for deciding this question, as to whether the sale deed in favour of the defendant 1st set is void or not, it is not necessary to appoint

Patna High Court C.Misc. No.12 of 2016 (4) dt.15-02-2017 Pleader Commissioner as for deciding this issue, the Pleader Commissioner has got no role to play. The court below has not considered in this light and, therefore, has wrongly exercised the jurisdiction in the manner not permitted by law. The suit is of the year 1996 and at this stage if the order is allowed to stand, it will occasion failure of justice and cause delay which will prejudice the plaintiff-petitioner.

Thus, this civil miscellaneous application is allowed. The impugned order is set aside and the court below is directed to decide the suit expeditiously.

(Mungeshwar Sahoo, J) Saurabh/- U T