Baleshwar Bhagat And ORS v. Ram Iswar Bhagat And ORS

Patna High Court CWJC No.17757 of 2013 (3) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17757 of 2013 ====================================================== Baleshwar Bhagat & Ors .... .... Petitioner/s

Versus

Ram Iswar Bhagat & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-09-2017 Heard the learned counsel for the petitioners. Perused the impugned order dated 02.07.2013 passed by the learned Sub Judge VIII, Muzaffarpur in Partition Suit No.53 of 2003 whereby the learned court below has only allowed the amendment application filed by the plaintiffs-respondents relying on the case of the plaintiffs that he had no knowledge about the fact earlier. The court below also considering the delay and prejudice to the defendant has granted cost. In such circumstances, in my opinion, no case for interference in exercise of supervisory jurisdiction is made out. The order impugned cannot be said to be without jurisdiction or it suffers from jurisdictional error.

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