Remanded

Bachicha Lal @ Backcha Lal Pra v. Harish Chandra Lal @ Harish Ch

Patna HC6 Nov 2015CWJC/16777/2011

Case brief

AI extract

What is this about?

The Patna High Court set aside a cryptic ex parte order dated 08.03.2007 passed by the Sub Judge abating a suit without hearing the petitioner. The matter was remanded for a fresh order after hearing both parties within three months.

What did the court decide?

Impugned order dated 08.03.2007 set aside; matter remanded to Court below with direction to pass fresh order within three months. Frequency of both parties after hearing both parties.

Bachicha Lal @ Backcha Lal Pra Vs Harish… — Civil Procedure and Limitation | Patna HC (2015)

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16777 of 2011 ======================================================
	Bachicha Lal @ Backcha Lal Prasad .... .... Petitioner/s Versus Harish Chandra Lal @ Harish Ch .... .... Respondent/s ======================================================
	Appearance : For the Petitioner/s : Mr. Naresh Dikshit For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
13	06-11-2015 Heard the learned counsel for the petitioner and the learned
	counsel for the opposite party.
	This application under Article 227 of the Constitution of
	India has been filed by the petitioner challenging the order dated
	08.03.2007 passed by the learned Sub Judge IIIrd, Gopalganj in Title Suit No.284 of 2001 whereby the Court below allowed the application filed by the respondents under Section 4 (C) of the Bihar Consolidation of Holdings and Prevention of Fragmentation
	Act, 1956 and abated the suit.

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The learned counsel for the petitioner raised a short ground and submitted that no doubt copy of the application was served on the petitioners but the learned Court below only heard the respondent and passed the impugned order dated 08.03.2007 without giving any opportunity to the petitioners.

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Patna High Court CWJC No.16777 of 2011 (13) dt.06-11-2015

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2/2

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From perusal of the impugned order dated 08.03.2007, it is clear that the order has been passed which is cryptic order and that no opportunity was granted to the petitioner. On this scope alone, the impugned order is set aside and the matter is remanded back to the Court below with a direction that the Court below shall pass a fresh order, if at all the said application is pressed, within three months after hearing both the parties.

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(Mungeshwar Sahoo, J)

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Sanjeev/-

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Bachicha Lal @ Backcha Lal Pra v. Harish Chandra Lal @ Harish Ch

Case brief

What is this about?

What did the court decide?

Bachicha Lal @ Backcha Lal Pra v. Harish Chandra Lal @ Harish Ch

Case brief

What is this about?

What did the court decide?

What the court decided

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