Kaili Devi v. Santu Yadav

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1403 of 2016 ====================================================== Kaili Devi .... .... Appellant/s

Versus

Santu Yadav .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Prabhat Ranjan Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-12-2016 Heard the learned counsel for the petitioner. Perused the impugned order dated 28.09.2016 passed by learned Munsif, Jamui in Title Suit No.29 of 1995. It may be mentioned here that the plaintiff and the wife of respondent No.1 is also plaintiff along with the petitioner. Application has been filed by the petitioner for directing the plaintiff No.2 for being examined as witnesses in this case. This application has been rejected by the Court below by the impugned order dated 28.09.2016.

It may be mentioned here that according to the statement of the learned counsel, the wife of defendant respondent No.1 and this petitioner herein are both plaintiffs. This plaintiff has already been examined as witnesses. For examining a party as witness in the suit, no direction from the Court is necessary. It is for the party themselves to be examined as witnesses.

Patna High Court C.Misc. No.1403 of 2016 (2) dt.20-12-2016 2/2 Thus, I find no reason to interfere with the impugned order and accordingly, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U