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Patna High CourtC.Misc./1258/2017disposed

Sachidanand Singh v. The State Of Bihar And ORS

2024-01-25Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1258 of 2017 ====================================================== Sachidanand Singh, S/o Late Parmeshwari Singh, resident of VillageSamastipur, Pargana Balia, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Land Reforms Deputy Collector, Balia, P.S. Balia, District- Begusarai. 3.

The Sub Divisional Officer, Balia District- Begusarai. 4.

The Circle Officer, Sahebpur Kamal, P.S.- Balia, District- Begusarai. 5.

Suresh Sah, 6.

Shiv Narayan Jha, Both sons of Late Pradeep Sah, resident of Village- Samastipur, Pargana Balia, P.O.- Balia, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar Jha, Advocate For the Respondent/s :

Mr.Raj Kishore Roy-GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-01-2024 The instant petition has been filed against the order dated 09.06.2017 passed by the learned Sub-Judge-1, Begusarai in Title Suit No.405/2015 whereby and whereunder the application filed by the petitioner under Section 94 and under Order 39 Rule 1 of the Code of Civil Procedure has been rejected.

2. Against such order, proper remedy lies by way of filing misc. appeal before the competent court.

3. Faced with the situation, learned counsel for the petitioner submits that the matter may be disposed of with

Patna High Court C.Misc. No.1258 of 2017(3) dt.25-01-2024 2/2 liberty to file proper appeal before the competent court extending the limitation period.

4. Having considered the submission, the instant petition stands disposed of with liberty to the petitioner to file proper appeal before the competent court, which would take into consideration the provisions of Section 14 of the Limitation Act while taking into the account pendency of the present petition before this Court.

(Arun Kumar Jha, J) V.K.Pandey/- U