Dismissed

Anita Devi v. Deo Raj Kumar and Ors.

Patna HC18 Oct 2016CWJC/14484/2014

Case brief

AI extract

What is this about?

This is a brief oral judgment where the Patna High Court held that an order accepting a Pleader Commissioner's report and rejecting objections in final decree proceedings is not amenable to challenge under Article 226 of the Constitution of India. The petition was dismissed as misconceived.

What did the court decide?

Petition dismissed as misconceived; liberty granted to seek redressal in accordance with law.

Anita Devi Vs Deo Raj Kumar and Ors. — Civil Procedure and Limitation | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.14484 of 2014

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=========================================================== 1. Anita Devi D/o Vidya Sagar Rai, W/o Manoj Kumar Resident of Mohalla Dhobi Tola, P.O. Danapur Cantt, P.S. Danapur, District Patna, at present Mohalla Sultanpur, P.O. Danapur Cantt, P.S. Danapur, District Patna.

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.... .... Petitioner/s

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Versus

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Deo Raj Kumar

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Vikki Kumar Both S/o Late Sunita Devi and Sri Deo Chandra Prasad

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Sujata Kumari

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Tannu Kumari Both D/o Late Sunita Devi and Sri Deo Chandra Prasad

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Deo Chandra Prasad S/o Late Sheo Prasad Rai All Resident of Mohalla Sultanpur, P.O. Danapur Cantt, P.S. Danapur, District Patna.

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Smt. Kiran Devi W/o Late Nandu Rai At present Resident of Mohalla Jai Ram Bazar, Khagaul, P.O. & P.S. Khagaul, District Patna.

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Smt. Rekha Devi W/o Sri Bharat Singh Keshari Resident of Mohalla Jai Prakashpur, P.O. Noor Sarai, P.S. Biharsharif, District Nalanda, at present residing at Mohalla Sultanpur, P.O. Danapur Cantt, P.S. Danapur, District Patna.

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Smt. Archana Kumari D/o Sri Vidya Sagar Rai W/o Sri Sidharth Kumar (S/o Dr. Arbind Kumar) At present Resident of Mohalla Industrial Area, Opposite Audyogik Thana (in the Gali), P.S. Audyogik Thana Hajipur, P.O. Hajipur, District Vaishali.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. K.N. Choubey, Sr. Adv, Mr. Yogendra Dwivedi, Adv, Mr. Ambuj Nayan Choubey, Adv & Mr. Animesh Kumar, Adv For the Respondent/s : Mr. =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 18-10-2016

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Patna High Court CWJC No.14484 of 2014 dt.18-10-2016

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Heard learned counsel for the petitioner.

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By the impugned order passed in final decree proceeding the court below has accepted the report submitted by the Pleader Commissioner under Order 26 Rule 14 CPC after rejecting the objection to the said report as raised by the defendant-petitioner. Such an order is not amenable to challenge under Article 227 of the Constitution of India.

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The application is, therefore, dismissed as misconceived.

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However the petitioner shall be at liberty to seek redressal of his grievance in accordance with law.

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Ranjan/-	(V. Nath, J)
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Anita Devi v. Deo Raj Kumar and Ors.

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Anita Devi v. Deo Raj Kumar and Ors.

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