Samdulari Kuar v. Shivji Dubey And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8464 of 2014 In MA 675 of 2011 ====================================================== Samdulari Kuar wife of Late Gobardhan Sah, resident of village-Andar P.S. and District-Siwan.

.... .... Petitioner/s

Versus

1. Shivji Dubey son of late Babu Dubey.

2. Rama Sah son of Surajdeo Sah.

3. Hridya Sah son of Surajdeo Sah.

4. Iswar Sah son of Surajdeo Sah.

5. Ramgobind Sah son of Ram Bachan Sah.

6. Moti Lal Sah son of Ram Bachan Sah.

7. Munga Lal Sah son of Ram Bachan Sah.

8. Chote Lal Sah son of Ram Bachan Sah.

9. Shri Kishun Sah son of Ram Bachan Sah.

10. Rajendra Sah son of Ram Bachan Sah.

11. Ramrati Devi wife of name not known.

12. Sheokeshwar Sah son of Ram Subhag Singh.

13. Muni Lal son of Ram Subhag Singh.

14. Jadi Lal son of Ram Subhag Singh.

15. Chuni Lal son of Ram Subhag Singh.

16. Chhatu Lal son of Ram Bachan Teli.

17. Hamid Firoz son of Abdul Hamid Khan.

18. Sikander Sah son of name not known.

19. Mosmat Gudi wife of Rangi Lal Sah, all resident of village Andar, P.S. Andar, Pargrana-Andar, District-Siwan.

20. Mosmat Rukmina Devi wife of late bhagirath Sah.

21. Rajendra Sah son of late Bhagirathi Sah

22. Draupati Devi Daughter of late Bhagirathi Sah wife of Moti lal Gupta.

23. Most. Shanti Devi wife of Dharamnath Sah.

24. Gunjan Kumar son of Dharamnath.

25. Rubi Kumari daughter of Dharamnath.

26. Bitun Sah son of Madho Sah.

Patna High Court CWJC No.8464 of 2014 (5) dt.08-09-2015

27. Bipin Sah son of Madho Sah, all are resident of village and P.S. Andar District-Siwan.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Chandra Sahni For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 08-09-2015 Heard the learned counsel for the petitioner. The learned counsel for the petitioner has submitted that by the impugned order, the prayer of the petitioner for substitution of some of the deceased parties in the misc. case has been rejected. The learned counsel for the petitioner has placed the impugned order and has submitted that the liberal view should be taken as the petitioner has prayed for the restoration of the title appeal.

After considering the submissions and in view of the findings as recorded by the learned court below in paragraph-7 of the impugned order, this Court does not find it a fit case to invoke the jurisdiction under Article 227 of the Constitution of India. In result, this writ application is dismissed. (V. Nath, J) Devendra/- U