Surendra Singh Kushwaha v. Ram Nath Sah And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.138 of 2013 =========================================================== Surendra Singh Kushwaha son of Late Baleshwar Prasad residing at Kushwaha Bhawan, East Boring Canal Road, P.S. Budha colony District Patna. .... .... Petitioner/s

Versus

1.Radha Devi w/o Late Awadh Bihari Verma.

2.Surendra Bihar Verma, s/o Late Awadh Bihari Verma. 3.Subha Verma.

4.Manju Kumari, Both Daughters of Late Awadh Bihari Verma. 5.Devendar Kumar Verma, s/o Late Awadh Bihari Verma. 6.Nagmanti Devi, w/o Late Vinod Narain Verma and son of Late Awadh Bihari Verma.

7.Gautam Kumar, s/o Late Vinod Bihari Verma (minor, through, natural guardian Mother Nagmanti Devi).

8.Suman Kumari, d/o Late Vinod Narain Verma, minor through natural Guardian mother Nagmanti Devi.

All resident of village Puna Kala, Post Lodipur, P.S. Chandwati, District Gaya, Bihar.

.... Opposite parties (Heirs of Awadh Bihari Verma, who was petitioner in Misc. Case No.

32/95) 9.Mohan Lal Mehta, son of Late Baleswar Pd.

10.Smt. Rameshwari Devi, d/o Late Baleshwar Prasad. 11.Smt. Sundari Rani, d/o Late Baleshwar Prasad. 12.Kapildeo Prasad Mehta, s/o Late Baijnath Prasad. 13.Saligram Prasad, s/o Late Baijnath Prasad. 14.Ramnath Prasad, s/o Late Baijnath Prasad.

15.Anita Singh, d/o Late Baijnath Prasad.

16.Smt. Urmila Mehta, widow of Late Braj Mohan Lal Mehta. 17.Rajiv Kumar Mehta.

18.Sanjiv Mehta, Both sons of Late Braj Mohan Lal Mehta. 19.Alka Rani.

Patna High Court C.R. No.138 of 2013 dt.05-05-2016 20.Anjali 21.Anamika,All three daughters of Late Braj Mohan lal Mehta. Address: C/o Sri Surendra Singh Kushwaha, residing at Kushwaha Bhawan, East Boring Canal Road, P.S. Budha colony, District patna 800001. ..............Opposite Parties.

(Opposite Party in Misc. Case No. 32/95) =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 05-05-2016 Heard learned counsel for the petitioner.

2. The present revision application has been filed against the order by which the prayer of the defendant, under Order IX Rule 13 C.P.C in the suit has been allowed and the ex parte decree has been set aside.

3. The plaintiff is the petitioner in this revision application. It has been submitted by the learned counsel for the petitioner that the defendant appeared in the suit but did not file his written statement and also left taking part in the proceeding of the suit. It has therefore, been submitted that the defendant had the knowledge of the suit and he deliberately omitted to appear in the suit.

4. From the perusal of the impugned order, it transpires that the learned court below has heard the parties and considered

Patna High Court C.R. No.138 of 2013 dt.05-05-2016 the evidence adduced by the parties in the miscellaneous case instituted upon the petition filed by the defendant under Order IX Rule 13 C.P.C. The learned court below thereafter has come to the finding that the defendant has succeeded in establishing sufficient cause for his non appearance and participation in the proceeding of the suit. The findings have been recorded on the basis of the scrutiny of evidence and this Court does not find any error of jurisdiction or material irregularity in the impugned order.

5. This revision application is, accordingly, dismissed with a direction to the learned court below to expeditiously dispose of the money suit without granting unnecessary adjournment to the parties.

(V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 16.06.16 Transmission Date N.A