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Patna High CourtCWJC/15099/2014dismissed

Shashi Bhushan Singh v. Ganga Nand Singh And ANR

2016-10-24Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15099 of 2014 ===========================================================

1. Shambhu Bhushan Singh S/o Late Krishna dheen Singh resident of villageBisanpur Jagdish @ Godpar, P.S. Udakishunganj, District- Madhepura .... .... Petitioner/s

Versus

1. Ganga Nand Singh

2. Maha Nand Singh both sons of Late Krishnadheen Singh resident of villageBisanpur Jagdish @ Godpar, P.S. Udakishunganj, District- Madhepura .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Pandey, Adv For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 24-10-2016 Nobody appears on behalf of the petitioner.

By the impugned order, the learned court below has rejected the prayer on behalf of the plaintiff-petitioner for impleading certain person as party under Order 1 Rule 10(2) CPC. From perusal of the impugned order, it transpires that the learned court below has found that the plaintiff has not produced before the court the documents on the basis of which the prayer for impleading Smt. Nisha Rani as party defendant in the suit has been made. Moreover, from the perusal of the petition filed under Order 1 Rule 10(2) CPC, it further transpires that that the assertions made therein are vague

Patna High Court CWJC No.15099 of 2014 dt.24-10-2016 and based upon conjectures and surmises.

This Court, therefore, is not inclined to interdict the impugned order invoking its jurisdiction under Article 227 of the Constitution of India.

The application is, accordingly, dismissed.

(V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.12.16 Transmission Date N.A.