Vinod Sah v. Samudri Kumari And ORS

Patna High Court CWJC No.508 of 2016 (2) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.508 of 2016 ====================================================== Vinod Sah .... .... Petitioner/s

Versus

Samudri Kumari & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-03-2016 Heard the learned counsel, Mr. Naresh Chandra Verma for the petitioner.

Perused the order impugned dated 09.09.2015 passed by Sub Judge V, Muzaffarpur in Partition Suit No.385 of 2002. It appears that the petitioner appeared with vakalatnama on 10.06.2004 and thereafter when no written statement was filed, he was debarred from filing written statement on 14.09.2005. Again on 10.11.2014, the petitioner filed another vakalatnama and filed written statement alleging that a forged vakalatnama was filed on behalf of the petitioner and, therefore, his written statement may be accepted. The Court below considering the facts and submission of the petitioner, by the impugned order has passed a reasoned order explaining the reason as to why his application is not acceptable.

In view of the above factual position that after about 10

Patna High Court CWJC No.508 of 2016 (2) dt.11-03-2016 years, this application has been filed, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T