Bibi Ayesha Begum v. Smt.Urmila Sharma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.1864 of 2008 ====================================================== Bibi Ayesha Begum wife of Syed Zafar Husnain Lal Babu, resident of Mohalla Rani Kothi, P.O. Motihari, P.S. Motihari Town, District East Champaran.

....Defendant....Appellant .... Petitioner/s

Versus

Smt.Urmila Sharma wife of Dr. Anand Shankar Sharma, resident of Mohalla Chota Bariarpur, Hawai Adda Chowk, P.O. Bariarpur, P.S.Chatauni, District East Champaran.

Appellant....Respondent-Opposite Party ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT 01-04-2016 Nobody appears on behalf of the petitioner even on repeated calls when this revision application has been taken up for hearing.

Nobody has also appeared on behalf of the respondents.

From perusal of the record, it appears that the present revision application has been filed against the judgment and order dated 26.07.2008 passed in Miscellaneous Case No. 38 of 2007, whereby the miscellaneous appeal was dismissed upholding the order of dismissal of the petitioner under Order 9 Rule 13 C.P.C.

After perusal of the judgments of both the courts below, it becomes manifest that both the courts below have

Patna High Court C.R. No.1864 of 2008 (5) dt.01-04-2016 come to the concurrent finding that the service of notice to the petitioner was validly effected and the petitioner had the knowledge of the suit. This Court does not find any error of jurisdiction committed by the appellate court below in dismissing the appeal after reappraising the evidence on record. In the result, this revision application fails and is, accordingly, dismissed.

(V. Nath, J) Ranjan/- U