Patna High CourtC.Misc./317/2016dismissed

Jag Bhgwan Chaudhary And ANR v. Birendra Kumar Singh

2016-08-17Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.317 of 2016 ====================================================== Jag Bhgwan Chaudhary & Anr .... .... Appellant/s

Versus

Birendra Kumar Singh .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ras Bihari Thakur For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-08-2016 Heard learned counsel Mr. Ras Bihari Thakur for the petitioners.

Perused the order dated 19.04.2016 passed by learned Subordinate Judge, Piro, Bhojpur in Title Suit No.650 of 2012. It appears that the said suit was filed by the plaintiffrespondent for partition of the suit property. The defendants appeared and filed application for dismissing the suit on the ground that the suit is not maintainable as the plaintiff has got no title over the property. Inter Council is not a constitutional body and Birendra Kumar Singh is not the Principal of the College. He has got no locus standi to file the suit as Principal. The name of the college is Brahmarshi Sahjanand Sarswati Mahavidyalaya, Bachari and not Brahmarshi Sahjanand Sarswati Snatak Mahavidyalaya, Bachari.

The court below by the impugned order held that the

Patna High Court C.Misc. No.317 of 2016 (2) dt.17-08-2016 questions raised by the petitioners are not pure questions of law, hence, the issue cannot be decided as preliminary issue. Under Order 14 Rule 2 CPC the question of law can only be decided as preliminary issue.

Considering the fact considered by the court below in the impugned order, I find that the points, which are being raised by the petitioners, are all questions of fact and depend on the evidences. Therefore, the learned court below has rightly held that the questions, which are not pure questions of law, cannot be decided as preliminary issue. I, therefore, find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U