Awadh Kishor Pandey v. Chhatunath Thakur And ANR

Patna High Court CWJC No.15897 of 2015 (2) dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15897 of 2015 ====================================================== Awadh Kishor Pandey .... .... Petitioner/s

Versus

Chhatunath Thakur & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-06-2016 Heard learned counsel Mr. Vijay Kumar for the petitioner and learned counsel Mr. Arun Kumar Rai for the respondents.

Perused the order dated 12.05.2015 passed by Subordinate Judge-I, Saran at Chapra in Title Suit No.578 of 2012 whereby the court below has rejected the application filed by the petitioner under Order 14 Rule 2 of the Code of Civil Procedure for deciding the maintainability of the suit on the ground that earlier Title Suit No.135 of 1989 was dismissed for default. From perusal of the order, it appears that the court below has assigned good reasons for rejecting the application. It cannot be said that it is illegal or the court below has no jurisdiction or it occasioned failure of justice. Therefore, in my opinion, no case for interference in supervisory jurisdiction is made out. Thus, this writ application is dismissed.

Harish/- (Mungeshwar Sahoo, J) U