Patna High CourtCWJC/11668/2013dismissed

Abhinaw Kumar Singh And ANR v. Ajit Kumar Singh And ORS

2016-09-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11668 of 2013 ===========================================================

1. Abhinaw Kumar Singh, Son of Late Uma Sharan Singh

2. Yashahwi Singh, Minor, Represented through His Father and Natural Guardian Abhinav Kumar Singh.

Both Resident of Rupapur, P.O. - Rupapur, P.S. - Bhabhua, District - Kaimur. .... .... Defendant Nos.1 and 2....Petitioners.

Versus

1. Ajit Kumar Singh, Son of Late Uma Shankar Singh.

2. Shreyash Kumar Singh, Son of Late Sanjeev Kumar Singh.

3. Shreish Kumar Singh, Son of Late Sanjeev Kumar Singh.

4. Sangeeta Singh, Wife of Late Sanjeev Kumar Singh. Serial Nos.2 to 4 are Substituted Heirs of Original Plaintiff No -2 Namely, Sanjeev Kumar Singh.

All Serial Nos.1 to 4 are Resident of Rupapur, P.O. - Rupapur, P.S. - Bhabhua, District - Kaimur.

.... .... Plaintiffs....Respondents.

=========================================================== Appearance :

For the Petitioners : M/s. Sumit Kumar Singh and Binod Kumar Singh, Advocates.

For the Respondent No.1 : Mr. Ashok Kumar Garg, Advocates. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 28-09-2016 ----------- Heard.

2. This writ application, under Article 227 of the Constitution of India, filed on behalf of the petitioners, is directed against the order dated 14.02.2013 passed in Title Suit No.372 of 2010, whereby the Sub Judge-I, Kaimur at Bhabhua, rejected the application of the petitioners filed under Order XI Rule 1 read with Section 151 of the Code of Civil Procedure wherein the prayer was made to direct the plaintiffs-respondents to reply about the certain

Patna High Court CWJC No.11668 of 2013 dt.28-09-2016 2/2 queries of the interrogatories.

3. On going through the impugned order, I find no illegality therein amounting to abuse of the process of the court for interference with the same in an extra-ordinary jurisdiction under Article 227 of the Constitution of India.

4. Accordingly, this writ application is dismissed. (Rajendra Kumar Mishra, J) P.S./- U