Ram Lagan Mahto v. Phulpari Devi And ANR

Patna High Court CWJC No.18316 of 2015 (2) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18316 of 2015 ====================================================== Ram Lagan Mahto .... .... Petitioner/s

Versus

Phulpari Devi & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-06-2016 Heard learned counsel, Mr. Rajiv Ranjan, appearing for the petitioner.

2.

Perused the order passed by the learned Civil Judge (Junior Division)-II, Samastipur in T.S. No. 95 of 1998. 3.

It appears that an application was filed by the petitioner praying for deletion of paragraph Nos. 9 and 10 in the affidavit i.e. examination-in-chief of D.W.-4 on the ground that there is no such pleading in the written statement. The court below has said that this is a matter that can be considered at the time of hearing of the suit and rejected the application. 4.

In view of the observation of the court below that it can be seen at the time of final hearing, I find no reason to interfere with the impugned order. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U