Birbal Mahato And ORS v. Phagu Mahato And ORS

Patna High Court CWJC No.9785 of 2014 (2) dt.22-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9785 of 2014 ====================================================== Birbal Mahato & Ors .... .... Petitioner/s

Versus

Phagu Mahato & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Kant For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-02-2016 The learned counsel for the petitioners at the very outset prayed for permission to make necessary correction in the parentage of petitioner No.2.

Permission is accorded.

The learned counsel for the petitioners submitted that without considering the fact that application was pending, the Court below has passed the order dismissing the suit for default. Perused the order dated 11.04.2014 passed by the Court below. It appears that the suit has been dismissed for default. Therefore, the petitioner is at liberty to pray before the Court below either for recall of the order or for restoration of the suit, as the case may be.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T