Smt. Sudha Devi v. Md. Sheru And ORS

Patna High Court C.Misc. No.625 of 2016 (2) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.625 of 2016 ====================================================== Smt. Sudha Devi .... .... Appellant/s

Versus

Md. Sheru & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shailendra Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-09-2016 Heard the learned counsel, Mr. Dilip Kumar Jha, for the petitioner. Perused the impugned order dated 02.04.2016 passed by Sub Judge Ist, Patna city in Title Suit No.163 of 2014 whereby the Court below has rejected the application filed by the petitioner under Order 39 Rule 7 CPC for appointment of pleader commissioner.

From perusal of the impugned order, it appears that the Court below has passed a reasoned order. It cannot be said that it is irrational or it is illegal or it is without jurisdiction or the order has been passed in the manner not permitted by law and thereby occasioned failure of justice. In my opinion, the impugned order also did not prejudice the petitioner. As such it is not a case for interference in exercise of supervisory jurisdiction.

Thus, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T