Vishnu Kant Khan v. Ganga Narayan Khan

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4206 of 2016 ====================================================== Vishnu Kant Khan Son of Late Indra Narayan Khan resident of Mohalla Balbhadrapur, N.P. Mishra Chowk, P.S. Laheria Sarai, District - Darbhanga.

.... .... Petitioner

Versus

Ganga Narayan Khan Son of Late Indra Narayan Khan resident of village Bhaur Hanuman Nagar, Police Station Pandaul, District - Madhubani. .... .... Respondent ====================================================== Appearance:

For the Petitioner : Mr. Shailendra Kumar Jha For the Respondent : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-04-2016 Heard learned counsel, Mr. Shailendra Kuamr Jha, for the petitioner.

By the order dated 04.01.2016, learned Subordinate Judge, Vth, Darbhanga has allowed the application filed by the petitioner under order 23 rule 1 of the Code of Civil Procedure and permitted to withdraw the Suit with liberty to file a fresh suit, but at the time of passing the order, the Court below has allowed the cost of Rs. 10,000/- which is according to the order 23 rule 1 of the Code of Civil Procedure.

Therefore, in my opinion, the order neither occasioned failure of justice nor it touches the jurisdiction of the court. I therefore find no reason to interfere with the impugned

Patna High Court CWJC No.4206 of 2016 (2) dt.21-04-2016 2/2 order in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, this writ application is dismissed.

(Mungeshwar Sahoo, J.) Mishra/- U