A writ petition seeking quashing of an order rejecting amendment was dismissed when the High Court found the underlying Title Suit had already been dismissed on contest, rendering further proceedings unnecessary.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4118 of 2017
Salim Mian … … Petitioner Versus
For the Petitioner : None For the Respondents :
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07/06.01.2021 The present writ petition is taken up today through Video conferencing.
No one appears on behalf of the petitioner.
The present writ petition has been filed for quashing the order dated 02.06.2017 passed by the Munsif, Koderma in Title Suit No. 29 of 2004 (Annexure-3 to the writ petition), whereby the learned court below has illegally rejected the amendment petition dated 03.04.2017 filed on behalf of the plaintiffs.
On perusal of the report submitted by the Civil Judge (Junior Division)-II, Munisf (I/C), Koderma vide letter no. 29 dated 2020 dated 13.11.2020, it appears that Title Suit No. 29 of 2004 has already been dismissed on contest on 30.04.2019.
Keeping in view that the title suit in question itself has been dismissed by the concerned trial court, there is no need to further proceed in the writ petition. The same is accordingly disposed of.
(Rajesh Shankar, J.)
Manish
1 issue framed by the court
Whether a writ petition seeking quashing of an amended low court order should be decided when the underlying suit has already been dismissed.
Salim Mian
Ahmad Hussain
Most. Bano
Abdul Gani
Bibi Sakuran
Bibi Batulan
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
