Mohm. Kaiyum v. The State Of Bihar And ORS

Patna High Court CWJC No.11656 of 2015 (2) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11656 of 2015 ====================================================== Mohm. Kaiyum .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha For the Respondent/s : Mr. Dinbandhu Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 02-05-2016 Heard learned counsel Mr. Amarnath Jha, appearing for the petitioner and the learned counsel for the respondents. 2.

The learned counsel for the petitioner submitted that in the same suit, two defendants filed separate counter claim. In both the counter claim, relief for declaration was only prayed. The Court below directed both the defendants to deposit the advoluram court fee on the valuation of the counter claim. One of the defendant filed C.W.J.C. No. 7568 of 2015. The present petitioner has filed this writ application being C.W.J.C. No. 11656 of 205 against said order. The writ application being C.W. J.C. No. 7568 of 2015 has already been allowed by the order dated 07.04.2016 and the impugned order dated 11.02.2015 passed by the SubJudge-III Saharsa in T.S. No. 141 of 2011 has already been set aside.

3.

Perused the order dated 07.04.2016 passed in

Patna High Court CWJC No.11656 of 2015 (2) dt.02-05-2016 C.W.J.C. No. 7568 of 2015. It appears that the order aforesaid has already been set aside by this Court. The same order is under challenge in this writ application. Accordingly, it is held that the order dated 07.04.2016 passed in C.W.J.C. No.7568 of 2015 shall govern this writ application also. Accordingly, this writ application is allowed.

(Mungeshwar Sahoo, J) brajesh/- U