Ram Bahadur Singh v. Shanti Devi And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.362 of 2016 ====================================================== Ram Bahadur Singh .... .... Appellant/s

Versus

Shanti Devi & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Arvind Prasad Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner.

Perused the order dated 29.07.2015 passed by the Munsif, Danapur, District-Patna in Miscellaneous Case No. 05 of 2013 whereby the learned court below, considering the evidences of the respondent adduced in support of their cases for restoration of the Title Suit No. 64 of 2001 to its original file, has allowed the miscellaneous case and restored the suit. Since only the suit has been restored to its original file, it cannot be said that the order passed by the court below prejudiced the petitioner nor it can be said that the order passed by the court below is without jurisdiction.

Thus, I find no reason to interfere with the impugned order. Accordingly, this Civil Miscellaneous Application is dismissed.

(Mungeshwar Sahoo, J) ajaypd./- U