Yogendra Mandal And ORS v. Shiv Shankar Kamat And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.490 of 2016 ====================================================== Yogendra Mandal & Ors .... .... Appellant/s

Versus

Shiv Shankar Kamat & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shashi Nath Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 04-08-2016 Heard learned counsel Mr. Shashi Nath Jha for the petitioners.

Perused the order passed by the learned court below. By the impugned order the court below has only re-opened the case of the plaintiffs-respondents and permitted them to adduce further evidence after closure of evidence of the present petitioners. Learned counsel for the petitioners submitted that by applying Order 18 Rule 17 CPC the court below recalled the earlier order and permitted the plaintiffs to adduce evidence. According to the learned counsel, Order 18 Rule 17 CPC is not applicable. So far submission of learned counsel for the petitioners is concerned, no doubt Order 18 Rule 17 CPC will not apply but certainly the Court has inherent jurisdiction to re-open the case of any party at any stage in the interest of justice. In my opinion, therefore, the court below has rightly

Patna High Court C.Misc. No.490 of 2016 (2) dt.04-08-2016 allowed the application, as such, it needs no interference in supervisory jurisdiction. Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U