Patna High CourtC.Misc./16/2020dismissed

Smt. Mamta Agrawal v. Vijay Kumar Bairoliya

2021-02-03The Chief Justice -2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.16 of 2020 ====================================================== Smt. Mamta Agrawal, Wife of Sri Satya Narayan Agrawal, Resident of Village, P.O. and P.S.- Madhepur, District- Madhubani. ... ... Petitioner/s

Versus

Vijay Kumar Bairoliya, Son of Late Krishna Kumar Bairoliya, Resident of Mohalla- Masraf Bazar, P.S.- Town Darbhanga, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abinash Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 03-02-2021 Petitioner has prayed for the following relief(s): "For setting aside the part of order dated 02.01.2014 passed by learned Sub-Judge IVth, Darbhanga in Eviction Suit No. 5 of 2009, whereby petitioner's petition under & Rule 11 C.P.C. has been rejected erroneously."

Having heard learned counsel for the petitioner as also perused the material placed on record, it cannot be said that the order dated 2nd of January, 2014, passed by learned Sub-Judge IVth, Darbhanga in Eviction Suit No. 5 of 2019 (Vijay Kumar Bairoliya Vs. Smt. Mamta Agrawal) requires any intervention. The impugned order dated 02.01.2014 is challenged vide instant petition instituted on 04.01.2020.

Patna High Court C.Misc. No.16 of 2020(3) dt.03-02-2021 2/2 The delay and laches remains unexplained. Attempt of explaining the same is absolutely unsustainable, if the grounds are not cooked up, as the purported reason for delay is lack of proper advice by the learned counsel.

The parties to the plaint, undisputedly, entered into an agreement on 21.06.2007. Whether there was any breach thereof or not is a matter of trial. It is not a case where the plaint does not disclose a cause of action; the plaint is not sufficiently stamped; or the suit is barred by any law.

As such, the present petition is dismissed.

(Sanjay Karol, CJ) K.C.Jha/- U