Smt. Urmila Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16546 of 2014 =========================================================== Smt. Urmila Devi & Ors .... .... Petitioners

Versus

The State of Bihar & Ors .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Shyam Sunder Pandey, Advocate For the Respondent/s : Mr. Sanjay Kumar, AC to S.C. 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 02-05-2018 This writ application has been filed for setting aside the order dated 29.05.2014 passed by Munsif (East), Muzaffarpur in Title Suit No.30 of 1998 whereby and whereunder the court below refused to decide the case on the point of preliminary issue of pecuniary jurisdiction.

2. Heard learned counsel for the petitioners and the respondents.

3. It appears that the petitioners filed the aforesaid suit in the year 1998. The defendants appeared and filed written statement. After framing of issues, the court below proceeded and in course of trial both parties examined their witnesses and the case was fixed for argument. At the fag end of trial, the petitioners (defendants) filed petition to decide the suit on the point of valuation as preliminary issue. The court below rejected the said petition observing that the

Patna High Court CWJC No.16546 of 2014 dt.02-05-2018 issue of pecuniary jurisdiction shall be decided along with other issues at the time of judgment.

In view of above facts, I do not find any illegality in the impugned order requiring any interference. This writ application is devoid of merit and is accordingly dismissed. (Sanjay Kumar, J) Harish/- AFR/NAFR CAV DATE Uploading Date04.05.2018 Transmission Date