Durgi Mahto @ Durgi Patel v. Hari Nandan Prasad And ORS

Patna High Court CWJC No.5308 of 2016 (2) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5308 of 2016 ====================================================== Durgi Mahto @ Durgi Patel .... .... Petitioner/s

Versus

Hari Nandan Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-05-2016 Heard the learned counsel, Mr. Dronacharya, for the petitioner.

From perusal of the order dated 26.02.2016, it appears that the Court below has assigned reason for not allowing the petitioner to cross-examine the witnesses but was examined in their presence. Only on technical ground the objection was raised. From perusal of the impugned order, it appears that when the Court below asked the learned counsel to cross-examine, he left the Court. In my opinion, therefore, the petitioner is not entitled to invoke the extraordinary supervisory discretionary equitable jurisdiction under Article 227 of the Constitution of India.

Thus, this writ application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U