Narayan Kumar Singh @ Narayan Singh And ORS v. Ramadhar Singh And ORS

Patna High Court CWJC No.15405 of 2015 (3) dt.22-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15405 of 2015 ====================================================== Narayan Kumar Singh @ Narayan Singh & Ors .... .... Petitioner/s

Versus

Ramadhar Singh & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-06-2016 Heard the learned counsel, Mr. Pankaj Kumar, appearing for the petitioners.

Perused the order dated 30.06.2015 passed by SubJudge-IV, Danapur in T.S. No. 196 of 2012, whereby the application filed by the petitioner for rejection of the plaint has been rejected on the ground that the points raised by the petitioners are questions of fact dependant on evidence, which can only be considered at the time of final hearing of the suit. In view of the finding of the court below that the points raised by the petitioners are dependent on evidence, in my opinion, the court below has rightly rejected the application. As such, I do not find any reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U