Raj Kumar Mallik v. Birendra Thakur And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13950 of 2015 ====================================================== Raj Kumar Mallik .... .... Petitioner/s

Versus

Birendra Thakur & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-05-2016 Heard learned counsel Mr. Jitendra Kishore Verma for the petitioner.

Perused the order dated 07.04.2015 passed by Subordinate Judge-IV, Saharsa in Title Suit No.113 of 1997. It appears that the court below considered the submissions and the points raised by the petitioner and recorded a finding that in 1998 the petitioner has already appeared and his father, defendant no.9 was contesting the suit by filing written statement. The father died in the year 2012. Thereafter a fresh written statement has been filed by the petitioner and the court below by the impugned order refused to accept the said written statement. Since the order is a reasoned order, it cannot be said that the court below has passed the order irrationally and thereby caused any prejudice to the petitioner, as the petitioner being the son of defendant no.9 can very well adopt the written statement of his father.

Patna High Court CWJC No.13950 of 2015 (2) dt.18-05-2016 In view of the above settled proposition of law a fresh written statement has been rightly refused to accept by the court below. Thus, this writ application has got no merit and accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Harish/- U