Patna High CourtC.Misc./680/2018withdrawn

Chandra Shekhar Singh v. Chandra Bhusan Prasad And ORS

2022-03-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.680 of 2018 ====================================================== Chandra Shekhar Singh S/o Late Ramanuj Singh, R/o Village Kaithisiro, P.S. Goh, District- Aurangabad ... ... Petitioner

Versus

Chandra Bhusan Prasad and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Respondent/s :

Mr. Siya Ram Shahi Mr. Shally Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-03-2022 Learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the Stamp Reporter within one month.

By filing a fresh vakalatnama it has been prayed by the learned counsel for the petitioner that vide order dated 26.02.2021 the petitioner/plaintiff was permitted to withdraw his suit. As such, this petition has become infructuous. From perusal of the order dated 26.02.2021 passed by the learned sub-judge-IV, Aurangabad it appears that the learned trial court has ordered to treat the counter claim as plaint. Considering the above-mentioned prayer of the learned counsel for the petitioner, this civil miscellaneous petition is dismissed as being infructuous. Consequently, the stay vide order dated 16.05.2018 is

Patna High Court C.Misc. No.680 of 2018(4) dt.23-03-2022 2/2 automatically vacated.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U