Dr. Umesh Chandra Issar And ORS v. The State Of Bihar And ORS

Patna High Court C.Misc. No.1307 of 2016 (2) dt.09-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1307 of 2016 ====================================================== Dr. Umesh Chandra Issar & Ors .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Alok Kumar Alok For the Respondent/s : Mr. Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-12-2016 Heard the learned counsel for the petitioners and the learned counsel for the State.

Perused the impugned order dated 23.08.2016 passed by learned Sub Judge I, Dalsingsarai, Samastipur in Title Suit No.189 of 2013 whereby the learned Court below accepted the written statement filed by the respondent in the suit. The grievance of the petitioners is that the Court below has not assigned any reason while accepting the written statement. The written statement was filed by the respondents after one year and one month.

On the other hand, the learned counsel for the respondents submitted that no doubt there is some delay in filing the written statement but earlier, the Court below had not debarred the respondents from filing the written statement and the Court below granted last chance to file written statement and within that

Patna High Court C.Misc. No.1307 of 2016 (2) dt.09-12-2016 period, the written statement has been filed. Since the written statement has been accepted which was filed by the respondents, I am not inclined to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this Civil Miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T