Petitioners challenged an order in a title suit refusing to decide limitation as a preliminary issue. The court held no interference under Article 227 as the order was amenable to correction later. Application dismissed.
Application dismissing the writ petition is dismissed.
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.
Patna High Court CWJC No.10802 of 2013 (3) dt.04-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10802 of 2013
| ====================================================== 1. Shukdeo Mandal Son Of Late Gaibi Nath Mandal Resident Of Mohalla - Rekabganj, P.O. Bhagalpur City, Police Station - Tatapur (Kotwali) District Bhagalpur |
|---|
| 2. Gholti Ram Son Of Late Prithvi Ram @ Prithi Ram Resident Of Mohalla - Rekabganj, P.O. Bhagalpur City, Police Station - Tatapur (Kotwali) District Bhagalpur .... .... Petitioners Versus |
| 1. Heeraman Mandal Son Of Late Samalu Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
| 2. Vinay Kumar Mandal Son Of Rajendra Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
3. Mukesh Kumar Mandal Son Of Rajendra Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 4. Sanjay Mandal Son Of Umesh Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 5. Dinesh Mandal Son Of Late Bharosi Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 6. Sunil Mandal Son Of Late Arun Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 7. Ramdeo Mandal Son Of Late Narayan Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 8. Kundan Kumar Son Of Khublal Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
| 9. Murari Kumar Son Of Rajendra Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
| 10. Vikash Kumar Son Of Rajendra Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
| 11. Ram Pukar Mandal Son Of Late Bilas Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
| 12. Gopal Mandal Son Of Sita Ram Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 13. Gopal Mandal Son Of Late Narayan Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
| 14. Nand Kishore Mandal Son Of Late Ramroop Mandal Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 15. Doman Mahto Son Of Late Nitaya Mahto Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 16. Horshil Mahto Son Of Upendra Singh Residing At Mohalla Rikabganj |
| Kasawa, Police Station Kotwali, District - Bhagalpur |
17. Suresh Mahto Son Of Late Anand Mahto Residing At Mohalla |
Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
18. Naresh Paswan Son Of Late Arjun Paswan Residing At Mohalla |
| Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
19. Chhattu Ram Son Of Late Chandar Ram Residing At Mohalla |
Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
20. Arjun Ram Son Of Nagresh Ram Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur |
21. Sandand Ram Son Of Late Chunni Ram Residing At Mohalla Rikabganj |
| Kasawa, Police Station Kotwali, District - Bhagalpur |
| 22. Bishundeo Ram Son Of Late Shoshi Ram Residing At Mohalla |
Patna High Court CWJC No.10802 of 2013 (3) dt.04-09-2013
Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur 23. Dina Ram Son Of Late Garib Ram Residing At Mohalla Rikabganj Kasawa, Police Station Kotwali, District - Bhagalpur
Patna High Court CWJC No.10802 of 2013 (3) dt.04-09-2013
Kasawa, Police Station Kotwali, District - Bhagalpur
Patna High Court CWJC No.10802 of 2013 (3) dt.04-09-2013
Kasawa, Police Station Kotwali, District - Bhagalpur
Respondents 1st Set
Respondents 2nd Set 88. Bauki Ram Son Of Late Munni Ram Resident Of Mohalla Rikabganj Police Station Kotwali, District - Bhagalpur
.... .... Respondents 3rd Set
====================================================== Appearance : For the Petitioner/s : Mr. Abdul Wadood
Mr. Kulanand Jha
For the Respondent/s : None
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
Patna High Court CWJC No.10802 of 2013 (3) dt.04-09-2013
ORAL ORDER
3 04-09-2013 Heard learned counsel for the petitioners.
The petitioner is aggrieved by an order dated 06.05.2013 passed in Title Suit No. 420 of 2006 by learned Sub-Judge VII, Bhagalpur, whereby the Court below has rejected a petition filed on behalf of some of the defendants praying for deciding the maintainability of the suit on the ground of limitation as preliminary issue.
From the impugned order it appears that the Court below has rejected the petition and has observed that issue of limitation will be decided alongwith other issues in course of trial.
Such order needs no interference in a proceeding under Article 227 Constitution of India as the said order, even if erroneous cannot be said to be incapable of correction at this stage.
This application is accordingly dismissed.
(Chakradhari Sharan Singh, J.)
Saif/-
1 issue framed by the court
Whether interference was warranted in an order rejecting a petition to decide limitation as a preliminary issue in a title suit.
2 provisions across 1 enactments
Shukdeo Mandal
Gholti Ram
Heeraman Mandal
Vinay Kumar Mandal
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
