Patna High CourtC.Misc./289/2017dismissed

Prabhu Rai And ORS v. Indrajeet Rai @ Indrajeet Yadav And ORS

2017-02-17Mr. Justice Mungeshwar Sahoo1 pages

Patna High Court C.Misc. No.289 of 2017 (2) dt.17-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.289 of 2017 ====================================================== Prabhu Rai & Ors .... .... Petitioners

Versus

Indrajeet Rai @ Indrajeet Yadav & Ors .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Ashok Kumar For the Respondents : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-02-2017 Admittedly by the impugned order dated 03.09.2016 passed by Civil Judge-I, Vaishali at Hajipur in Title Suit No.231 of 2014 plaint has been rejected under Order VII Rule 11 of the Code of Civil Procedure. Therefore, the petitioners have got remedy under the Code of Civil Procedure itself and as such, this civil miscellaneous application under Article 227 of the Constitution of India is not maintainable. Accordingly, it is dismissed.

However, the petitioners may prosecute their remedy under the Code of Civil Procedure.

(Mungeshwar Sahoo, J) Harish/- U