Pramod Kumar Gupta v. Abhishek Kumar And ORS

Patna High Court C.Misc. No.737 of 2016 (3) dt.03-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.737 of 2016 ====================================================== Pramod Kumar Gupta .... .... Appellant/s

Versus

Abhishek Kumar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Lakshmi Kant Tiwary For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-10-2016 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

Perused the impugned order dated 17.03.2016 passed by Sub Judge XII, Vaishali at Hajipur in Misc. Case No.9 of 2002 whereby the learned Court below rejected the application filed by the petitioner for recalling the original record of Partition Suit No.62 of 1980 from the High Court.

From perusal of the order, it appears that the certified copies of all the relevant documents have been produced by the respondents in the Court below and, therefore, the learned Court below has held that the original record is not necessary at all. In view of the above facts and circumstances of the case, in my opinion, it is not a case for interference in supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this Civil Miscellaneous application is dismissed. Saurabh/- (Mungeshwar Sahoo, J) U T