Nawal Singh v. Raj Kishori Devi And ORS

Patna High Court C.Misc. No.512 of 2016 (2) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.512 of 2016 ====================================================== Nawal Singh .... .... Appellant/s

Versus

Raj Kishori Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Patanjali Rishi For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-09-2016 Heard the learned counsel, Mr. Patanjali Rishi for the petitioner.

By the impugned order dated 02.04.2016, the learned Sub Judge I, Jehanabad has confirmed the Pleader Commissioner's report in Final Decree Proceeding in Partition Suit No.129 of 2008.

Pursuant to the aforesaid impugned order dated 02.04.2016, now only the clerical job has to be done i.e. the decree is to be engrossed in stamp paper. Therefore, this order dated 02.04.2016 is the judgment and decree within the meaning of Section 2(2) C.P.C. and limitation shall start from this date in view of the various decisions of the Supreme Court such as, AIR 2005 Supreme Court 2564, AIR 2006 Supreme Court 2248, AIR 1977 Supreme Court 2319 and (2001) 7 Supreme Court Cases 573. Therefore, the petitioner has the remedy under the Code

Patna High Court C.Misc. No.512 of 2016 (2) dt.05-09-2016 of Civil Procedure, as such, he cannot be allowed to invoke jurisdiction under Article 227 of the Constitution of India. Thus, this Civil Miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T