Allowed

Bhola Nath Singh and Ors. v. Jadunandan Singh

Patna HC25 Oct 2018C.Misc./1399/2016

Case brief

AI extract

What is this about?

The Patna High Court allowed a civil miscellaneous petition setting aside an order closing evidence in a title suit, finding the Sub Judge committed jurisdictional error as the petitioners suffered irreparable loss due to misinformation and legal laches.

What did the court decide?

The order dated 20.07.2016 rejecting the petition to recall the order closing evidence is set aside subject to payment of Rs.2,000 to the plaintiff within two months.

Bhola Nath Singh and Ors. Vs Jadunandan Singh — Property and Title | Patna HC (2018)

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Patna High Court C.Misc. No.1399 of 2016 (3) dt.25-10-2018 1

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1399 of 2016

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====================================================== 1. Bhola Nath Singh Son of late Ruplal Singh Resident of Village- Saroati, Tola, Alawalchak, P.S. Rampur Choaram, District Arwal.

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Brij Nandan Singh

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Raj Mohan Singh

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Madheshwar Singh All are Sons of late Raghunandan Singh Resident of Village- Saroati, Tola, Alawalchak, P.S. Rampur Choaram, District Arwal.

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.... .... Petitioner/s

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Versus

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Jadunandan Singh Son of late Chandradeep Singh Resident of VillageSaroati, tola Alawalchak, P.S. Rampur, Choaram, District -Arwal.

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.... .... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Arvind Prasad Singh For the Respondent/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 25-10-2018

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Heard learned counsel for the petitioners. Nobody appears

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on behalf of the respondent even after having received the notice.

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The petitioners filed this civil miscellaneous petition against the order dated 20.07.2016 passed by Sub Judge I, Arwal in Title Suit No.119 of 2003 by which the petition of the petitioners for recalling the order closing the evidence of the defendants-petitioners has been rejected.

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Learned counsel for the petitioners submits that the suit was pending in the Court of Sub Judge, Jehanabad but the suit was transferred to the Court of Sub Judge I, Arwal after creation of Civil Court at Arwal. The petitioners could not appear in the suit

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Patna High Court C.Misc. No.1399 of 2016 (3) dt.25-10-2018 2

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due to mis-information and on account of laches on the part of their lawyers, therefore, the evidence of the defendants-petitioners was closed. When the petitioners came to know that their evidences were closed, petitioners filed the petition to recall the order dated 01.09.2014 and to allow the defendants-petitioners to adduce evidence but the learned Sub Judge I rejected the same. The petitioners would suffer irreparable loss and if the petitioners are not allowed to adduce evidence that will occasion in failure of justice.

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Taking into consideration the facts that the evidence of the petitioners-defendants was closed and the petitioners could not be able to adduce any evidence, I find that the learned Sub Judge has committed jurisdictional error and if the order is allowed to stand, it will occasion failure of justice.

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In this view of the fact, the order dated 20.07.2016 passed in Title Suit No.119 of 2003 is set aside subject to the condition of payment of Rs.2,000/- to the plaintiff within two months from the date of receipt of this order. Accordingly, this civil miscellaneous petition is allowed.

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(Prabhat Kumar Jha, J)

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Saurabh/U

Bhola Nath Singh and Ors. v. Jadunandan Singh

Case brief

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Bhola Nath Singh and Ors. v. Jadunandan Singh

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