Kanhaiya Prasad Singh v. Arun Kumar Singh

Patna High Court C.Misc. No.285 of 2017 (2) dt.17-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.285 of 2017 ====================================================== Kanhaiya Prasad Singh .... .... Petitioner

Versus

Arun Kumar Singh .... .... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Anish Chandra Sinha For the Respondents : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-02-2017 Heard learned counsel Mr. Anish Chandra Sinha for the petitioner.

Perused the impugned order dated 02.04.2016 passed by learned Subordinate Judge-II, Darbhanga in Title Suit No.133 of 2012 whereby the learned Subordinate Judge has only re-casted the issue.

In no case it can be said that the court has no jurisdiction to re-cast the issue. The order, therefore, cannot be said to be irrational or without jurisdiction nor it can be said that by the impugned order the petitioner is prejudiced in any way nor it occasioned failure of justice. Therefore, it is not a case for interference in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Harish/- U