The High Court of Patna dismissed a writ petition filed by a defendant in a partition suit aggrieved by a lower court order rejecting his objection regarding the maintenance of the suit under Section-48 of the Bihar Cooperative Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15942 of 2010
1. SURESH PRASAD S/O RAMASHISH PRASAD AT PRESENT RESIDING AT SAKET VIHAR, DR. AMBEDKAR PATH, P.S.SHASTRI NAGAR, P.O.VETINARY COLLEGE, DISTT-PATNA
2. ABHISHEK KUMAR MINOR SON OF SURESH PRASAD SINGH (PETITIONER NO. 1), UNDER
GUARDIANSHIP OF THEIR FATHER RESIDING AT SAKET VIHAR, DR. AMBEDKAR PATH,
P.S.SHASTRI NAGAR, P.O.ETINARY COLLEGE, DISTT-PATNA
3. CHOTTU @ ROHIT KUMAR MINOR SON OF SURESH PRASAD SINGH RESIDING AT SAKET
VIHAR, DR. AMBEDKAR PATH, P.S.SHASTRI NAGAR, P.O.ETINARY COLLEGE, DISTT-PATNA
Versus
1. RAM ASHISH PRASAD SINHA S/O LATE KEDAR NATH PRASAD R/O VILL KORANJA, P.O.& P.S. NAUBATPUR, DISTT-PATNA
2. UMESH PRASAD S/O RAM ASHISH PRASAD RESIDING AT SAKET VIHAR, DR. AMBEDKAR PATH, P.S.SHASTRI NAGAR, P.O.VETINARY COLLEGE, DISTT-PATNA
3. SRIMATI GAYATRI DEVI MARRIED DAUGHTER OF RAM ASHISH PRASAD & W/O SRI BIJOY
KUMAR R/O AT PRESENT IN MOH-KHAGAUL, P.S.KHAGAUL, DISTT-PATNA
-----------
2/ 07/04/2011 Heard learned counsel for the petitioner and
learned counsel for Respondent No.1.
The petitioner is the defendant in Title (Partition) Suit No.464/2000 aggrieved by the order dated 29.7.2010 passed by Sub-judge-10, Patna rejecting the objection that the suit was barred under Section- 57 of the Bihar Cooperative Act on the ground that the plaintiff had an adequate remedy
under Section-48 of the Bihar Cooperative Act.
The trial court has more than well
discussed the provisions of Section-48 of the Bihar Cooperative Act to arrive at the conclusion that a partition dispute between the family members with regard to lands allotted by the Cooperative Society, did not fall within the ambit of Section-48 of the Bihar Cooperative Act.
Learned counsel for the petitioner has not been able to persuade the Court how the dispute qualifies under Section-48 of the Bihar Cooperative
Act as maintainable before the Registrar, Cooperative Societies alone.
The writ application stands dismissed.
KC
( Navin Sinha, J.)
2 issues framed by the court
Whether a partition dispute regarding lands allotted by a Cooperative Society falls within the ambit of Section-48 of the Bihar Cooperative Act.
Whether the petitioner is maintainable before the Registrar, Cooperative Societies under Section-48 of the Bihar Cooperative Act.
2 provisions across 1 enactments
Suresh Prasad S/O Ramashish Prasad
Abhishek Kumar
Chottu @ Rohit Kumar
Ram Ashish Prasad Sinha
Umesh Prasad S/O Ram Ashish Prasad
Srimati Gayatri Devi
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court