Patna High CourtCWJC/4035/2014dismissed

Pitambar Mishra v. Tarakant Thakur And ANR

2016-01-14Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court CWJC No.4035 of 2014 (2) dt.14-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4035 of 2014 ======================================================

1. Pitambar Mishra Son Of Late Rameshwar Mishra Resident Of VillageMathurapur, P.O.- Mathurapur, P.S.- Gogri, District- Khagaria .... .... Petitioner/s

Versus

1. Tarakant Thakur Son Of Late Srikant Thakur

2. Nityanand Thakur Son Of Late Kamlakant Thakur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Choudhary For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-01-2016 Heard Mr. Anil Kumar Choudhary, learned counsel appearing for the petitioner.

The learned Munsif, Khagaria in Title Suit No. 45 of 2004, by the impugned order dated 20.08.2013, rejected the application filed by the defendant-petitioner under Order 7 Rule 11 of the C.P.C.

From perusal of the order and the statements made in the writ application, it appears that the plaintiffs-respondents filed the aforesaid suit against the defendant. The defendant filed contesting written statement. Issues were settled and both the parties adduced their evidences. From perusal of the impugned order, it also appears that the case is at the final stage between the parties. At his stage, an application under Order 7 Rule 11 C.P.C.

Patna High Court CWJC No.4035 of 2014 (2) dt.14-01-2016 was field by the defendant-petitioner before the court below, which has been rejected by the court below by the impugned order.

From perusal of the application under Order 7 rule 11 C.P.C., it appears that only objection raised by the petitioner herein is to the effect that the suit is not maintainable. So far this suit or objection under Order 7 Rule 11 C.P.C. is concerned, in my opinion, none of the Clauses mentioned is applicable and the question as to whether the suit is maintainable or not, this is a matter that can only be decided at the final stage of the suit and admittedly, the suit is at the final stage, and the court below has rightly rejected the application of the petitioner. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U