Sushila Devi v. Md. Sahil And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17716 of 2015 ====================================================== Sushila Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 24-06-2016 Heard the learned counsel, Mr. S.B.K. Manglam, for the petitioner.

By the impugned order dated 19.09.2015, the learned Vth Subordinate Judge, Saharsa has only allowed the substitution application of the legal representatives of the deceased sole plaintiff in title suit No.2 of 2006.

According to the substitution application, the sole plaintiff died in 17.03.2014 whereas the application for substitution was filed on 20.05.2014. The contention of the petitioners is that in fact the sole plaintiff died on 5.1.2014.

Considering this fact, the Court below has allowed the application and, therefore, the order cannot be said to be irrational order and or that it prejudiced the petitioner nor it can be said that the Court below passed the order in the manner not permitted by law. Therefore, it warrants no interference in supervisory

Patna High Court CWJC No.17716 of 2015 (2) dt.24-06-2016 2/2 jurisdiction under Article 227.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U