Disposed

Gualb Chand Prasad @ Gualb Chand Doman Prasad v. Shrinath Prasad

Patna HC30 Nov 2018C.Misc./1634/2018

Case brief

AI extract

What is this about?

The appellant sought correction of a decree regarding property partition. The High Court observed the lower appellate court failed to record findings on the dispute. It disposed of the petition by directing the appellant to file the correction application in the original court for immediate adjudication.

What did the court decide?

The civil miscellaneous petition was disposed of with a direction to present the petition for error correction in the original court (Sub Judge V, Kaimur).

Gualb Chand Prasad @ Gualb Chand Doman Prasad Vs Shrinath Prasad — Partition | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1634 of 2018

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======================================================

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Gualb Chand Prasad @ Gualb Chand Doman Prasad

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... ... Petitioner/s

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Shrinath Prasad & Ors	Versus
===================	... ... Respondent/s ===================================
Appearance : For the Appellant/s : For the Respondent/s : ===================	Mr. Abhishek Kumar Mr. ===================================
CORAM: HONOURABL	E MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 30-11-2018

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Heard learned counsel for the petitioner.

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The petitioner has filed this civil miscellaneous petition against the order dated 23.07.2018 passed in Title Appeal No.40/27 of 2017 by which the petition of the petitioner for sending the lower court record along with the judgment and decree to the original court for correction in the decree has been dismissed.

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Learned counsel for the petitioner submits that the plaintiff filed the petition for partition of the property mentioned in Schedule A and B of the plaint. Learned court below partly decreed the suit holding that the property mentioned in Schedule A of the plaint is ancestral property of the plaintiff and defendant and the property mentioned in Schedule B of the plaint is self-acquired property of the defendant but some of the plots mentioned in Schedule B of the plaint have also been

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Patna High Court C.Misc. No.1634 of 2018(2) dt.30-11-2018 2/2

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ordered to be partitioned in the decree and, therefore, the petitioner filed petition before the learned Additional District Judge VI, Kaimur for sending down the records to the original court for necessary correction under Section 152 C.P.C..

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It appears that the learned Additional District Judge did not record any finding whether any error is committed in the decree with regard to the land mentioned in Schedule B of the plaint and rejected the petition of the petitioner. In this view of the fact, I dispose of this civil miscellaneous petition with a direction to the petitioner to present the petition for correction of the decree in the original court i.e. before Sub Judge V, Kaimur, Bhabua, who decided Title suit No.5631 of 2014/8680 of 2014, and he shall request the appellate court to send down the records of Title Suit No.5631 of 2014/8680 of 2014 and if the learned Sub Judge V, Kaimur finds that some clerical error occurred in the decree, learned Sub Judge shall pass order in accordance with law. With the aforesaid observation, this civil miscellaneous petition is disposed of.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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Gualb Chand Prasad @ Gualb Chand Doman Prasad v. Shrinath Prasad

Case brief

What is this about?

What did the court decide?

Gualb Chand Prasad @ Gualb Chand Doman Prasad v. Shrinath Prasad

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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