Sudha Verma v. Md. Salauddin And ORS

Patna High Court CWJC No.7460 of 2015 (2) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7460 of 2015 ====================================================== Sudha Verma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 01-04-2016 Heard the learned counsel, Mr.Alok for the petitioner. By the impugned order dated 21.01.2015, the learned Court below has debarred the petitioner from filing written statement on the ground that in spite of the direction to the petitioner by order dated 10.10.2014 to file written statement on payment of cost of Rs.1500 within 30 days was not complied with. The learned counsel submitted that he has already filed application on 30.01.2015.

In such view of the matter, since the application for recall with this order dated 21.01.2015 is still pending before the Court below, I find no reason to interfere with the order at this stage because the recall application is pending in the Court below. The petitioner shall pursue the same before the Court below. Accordingly this writ application is disposed of with direction to the petitioner to pursue the said application. Saurabh/- (Mungeshwar Sahoo, J) U T