Patna High CourtCWJC/25105/2013withdrawn

Parvati Devi v. Lalmuni Devi And ORS

2018-01-15Mr. Justice Sanjay Kumar2 pages

Patna High Court CWJC No.25105 of 2013 (3) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25105 of 2013 ====================================================== Parvati Devi Daughter of Late Ramanand Singh, Wife of Gopal Singh, Resident Of Village- Gamhriya, P.S. Karakat, District- Rohtas, At Present Resident Of Village- Gothani, P.O. Dawath, P.S. Suryapura, DistrictRohtas. .... .... Petitioner/s

Versus

1. Lalmuni Devi Wife of Late Ramanand Singh, Resident of VillageGamhariya, Post Gorakh Parsi, P.S. Karakat, Distt. Rohtas

2. Mina Devi Daughter of Late Ramanand Singh, Resident of VillageGamhariya Post Gorakh Parsi, P.S. Karakat Distt. Rohtas

3. Gauri Devi Daughter of Late Ramanand Singh, Resident of VillageGamhariya, Post Gorakh Parsi, P.S. Karakat, Distt. Rohtas

4. Bhagwati Devi Daughter of Late Ramanand Singh, Resident of VillageGamhariya, Post Gorakh Parsi, P.S. Karakat, Distt. Rohtas

5. Shivji Singh Son of Late Ramayan Singh, Resident of VillageGamhariya, Post Gorakh Parsi, P.S. Karakat (Gorari), Distt. Rohtas. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subash Kumar, Adv. For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 This application has been filed to set aside the order dated 6.7.2013 passed by the learned Sub Judge-V, Sasaram, Rohtas in Title Suit No. 193 of 2012 whereby and whereunder the learned Court below rejected the petition filed on behalf of the plaintiff under Order 40 of Code of Civil Procedure. Heard learned counsel for the petitioner.

Learned counsel for the petitioner fairly concedes that the order passed under Order 40 Rule 1 of Code of Civil Procedure is appealable order for which an appeal ought to have

Patna High Court CWJC No.25105 of 2013 (3) dt.15-01-2018 been filed under the provision of Order 43 Rule 1 (s) of Code of Civil Procedure. The suit before the court below was filed in the year 2012 and since then more than five years have already passed over.

In view of above facts, this application is not maintainable and is accordingly dismissed.

(Sanjay Kumar, J) Mahesh/- U