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Patna High CourtC.R./130/2024withdrawn

Raja Ram v. Basuki Ram

2024-11-29Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.130 of 2024 ====================================================== 1.

Raja Ram son of Late Gaya Ram, resident of Village-Madhuban Diyara, P.S.-Bakharpur (Pirpainti), P.O.-Pirpainti, District-Bhagalpur, Pin Code813204. 2.

Kedar Nath Ram, Son of Late Ayodhya Ram, resident of Village-Madhuban Diyara, P.S.-Bakharpur (Pirpainti), P.O.-Pirpainti, District-Bhagalpur, Pin Code-813204.

3.

Vijay Ram, son of Late Ayodhya Ram, resident of Village-Madhuban Diyara, P.S.-Bakharpur (Pirpainti), P.O.-Pirpainti, District-Bhagalpur, Pin Code-813204.

4.

Kanhaiya Ram, son of Haridwar Ram, resident of Village-Salempur, Post Office and Police Station-Pirpainti, District-Bhagalpur, Pin Code-813204. 5.

Kishor Ram, son of Late Dwarika Ram, resident of Village-Salempur, Post Office and Police Station-Pirpainti, District-Bhagalpur, Pin Code-813204. ... ... Petitioner/s

Versus

1.

Basuki Ram son of Late Parmeshwar Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code-813204.

2.

Bhim Ram, son of Late Ram Raj Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204. 3.

Amarnath Ram, son of Late Ram Raj Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code-813204.

4.

Dina Nath Ram, son of Late Ram Raj Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code-813204.

5.

Bhola Ram, son of Late Ram Raj Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204. 6.

Lala Ram, son of Late Ram Raj Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204. 7.

Manoj Ram, son of Late Ramdeo Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204. 8.

Nandlal Ram, son of Late Jagdeo Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204. 9.

Bikash Ram, son of Late Debi Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204.

Patna High Court C.R. No.130 of 2024(2) dt.29-11-2024 2/3 10.

Kutai Ram, son of Late Sukhan Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204. 11.

Doman Ram, son of Late Sukhan Ram, resident of Village-Salempur, Post Office-Salempur (Pirpainti), P.S.-Pirpainti, District-Bhagalpur, Pin Code813204. ... ... Opp party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar, Adv.

For the Opp party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2024 Heard counsel for the petitioners.

2. This civil revision application has been filed against the rejection of plaint on the point of admission itself as the suit value is five lakhs less than 10 lakhs. The proper remedy seems to lie by way of filing memo of appeal before the learned District Judge concerned, in view of the enhancement of pecuniary jurisdiction of the learned District Judge.

3. Learned counsel for the petitioners seeks permission to withdraw the present civil revision application with liberty to file it before proper forum.

4. Considering the valuation of the suit, prayer is allowed. Accordingly, this application is dismissed as withdrawn.

5. It is made clear that the time consumed in the High Court shall be considered on the point of limitation before

Patna High Court C.R. No.130 of 2024(2) dt.29-11-2024 3/3 the District Judge.

6. Learned counsel for the petitioners submits that civil revision application may be returned along with its certified copy of the impugned judgment and decree.

7. Considering the aforesaid facts, the Office is directed to return the civil revision application along with certified copy of impugned judgment and decree to the learned counsel for the petitioners within two weeks.

(Khatim Reza, J) shyambihari/- U