Krishna Deo Singh v. The Registrar General, Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1769 of 2019 ====================================================== 1.

Krishna Deo Singh S/o Late Ram Bharosa Singh B-30 Anand Vihar, P.O.- BIhar Veterinary College, P.S. Rupaspur, District-Patna. 2.

Kailash Prasad S/o Late Thakur Alakh Narayan Singh Resident of Sabari Nagar, P.O. Sahay Nagar, P.S.-Rupaspur, District-Patna. ... ... Petitioner/s

Versus

1.

The Registrar General, Patna High Court Patna 2.

Priyambada Wife of Kashi Nath Prasad Singh Resident of Flat No. 204-A, Vishnu Enclave of Mohalla Shalimpur Ahra, Gali No.1, Police Station Gandhi Maidan, District-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Rai, Advocate For the Respondent No. 1 :

Mr.Satyabir Bharti, Advocate Mr.Abhimanyu.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 16-01-2020 Heard learned counsel for the petitioners.

2. The petitioners are aggrieved by the correction in the plaint of the suit by illegally incorporating the name of legal heir of deceased defendant no. 1 without any order of the Court on his petition dated 22.02.2019 for substitution of the said legal heir; and for connected reliefs.

3. Learned counsel for the petitioners submits that in the absence of any order of the learned Court below, the plaint of the suit could not have been corrected incorporating the name of Kailash Prasad as legal heir of defendant no. 1,Vidyut Lata Kumari.

4. Learned counsel for the petitioners states that a petition dated 10.05.2019 has been filed by them for dismissal of Title Suit No. 80 of 2008 on the ground of perjury, which is still

Patna High Court C.Misc. No.1769 of 2019 dt.16-01-2020 2/2 pending before the court of Sub Judge II, Danapur.

5. Having heard learned counsel for the petitioners and on consideration of the materials on record, this Court is of the view that the present petition is premature, inasmuch as the petitioners have already filed a petition dated 10.05.2019 for redressal of their grievances and the same is admittedly pending. 6 In the above view of the matter, the petition is disposed of with liberty to the petitioners to approach this Court afresh after disposal of petition dated 10.05.2019 pending in Title Suit No. 80 of 2008 before the Court of Sub Judge II, Danapur. (Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.01.2020 Transmission Date NA