Patna High CourtCWJC/2827/2014dismissed

Kamlesh Pandit v. Samudri Devi And ORS

2016-01-11Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court CWJC No.2827 of 2014 (2) dt.11-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2827 of 2014 ====================================================== Kamlesh Pandit .... .... Petitioner/s

Versus

Samudri Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratna Deep Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner.

By the impugned order dated 13.08.2013, the learned Sub-ordinate Judge-VIII, Hajipur, in Title Suit No. 61 of 1994, has allowed the application filed by the plaintiff. Although, the title suit is of the year, 1994, from perusal of the order-sheet, it appears that till the impugned order dated 13.08.2013 was passed, issues were not framed in the court below.

In such view of the matter, by amendment only, it cannot be said that the defendant-petitioner is prejudiced in any way nor it can be said that it has occasioned any failure of justice. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) brajesh/- U

Patna High Court CWJC No.2827 of 2014 (2) dt.11-01-2016