Dismissed

Sushil Kumar Sinha v. Shobha Devi and Ors.

Patna HC20 Sept 2019C.Misc./886/2018

Case brief

AI extract

What is this about?

The Patna High Court dismissed an application under Article 227 of the Constitution challenging a judgment under Order XII, Rule 6 CPC. The Court held such a judgment cannot be challenged via Article 227 but only through an appeal, making the application not maintainable.

What did the court decide?

The application was dismissed as not maintainable. Interim order dated 10.08.2018 was vacated.

Sushil Kumar Sinha Vs Shobha Devi and Ors. — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.886 of 2018

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Sushil Kumar Sinha, son of Late Laxmi Narayan Lall, resident of Shahpur Ward No.6, P.O. and P.S. Shahpur, District- Bhojpur, presently residing at Chandwa Tola, P.O. Chandwa, P.S. Ara Nawada, District- Bhojpur.

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... ... Defendant 2^nd set/Petitioner

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Versus

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Shobha Devi wife of Atul Chandra Sinha resident of Villagte and P.S. Shahpur, District Bhojpur, presently residing at Flat No. A-301, Sidhi Vinayak Apartment, Bariyatu, Ranchi, Jharkhand.

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… … Defendant No.4/Respondent 1^st set

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Sudhir Kumar Sinha, son of Late Laxmi Narayan Lal, resident of Village and P.S. Shahpur, District- Bhojpur presently residing at Flat No. A-302, Janki Apartment, New Chitraguptanagar, Kankarbagh, Patna-800020.

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Satish Kumar Sinha, son of Late Laxmi Narayan Lal, resident of Village and P.S. Shahpur, District- Bhojpur, presently residing at House No.9, Road No.4, Indrapuri, P.O. Kesrinagar, District- Patna

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Santosh Kumar Sinha, son of Late Laxmi Narayan Lal resident of Village and P.S. Shahpur, District- Bhyojpur, presently residing at Shri Baleshwar Dass, Road No. 23, Shrikrishna Nagar, District- Patna-800001.

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… … Plaintiffs/Respondents 2^nd set

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Indu Devi widow of Late Siddheshwar Lal

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Akhileshwar Prasad Sinha @ Subash son of Late Siddheshwar Lal

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Mithileshwar Prasad Sinha @Bullet son of Late Siddheshwar Lal. All resident of P.O. and P.S. Shahpur, District- Bhojpur.

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… … Defendant 1^st set/Respondent 3^rd set

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Kamla Devi wife of Mahabir Prasad Sinha

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Kavita Devi wife of Late Sanjiv Kumar Sinha

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Pratik son of Late Sanjiv Kumar Sinha

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Monu mionor daughter of Late Sanjiv Kumar Sinha under natural guardianship of her mother Kavita Devi (respondent no.9 herein)

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All resident of P.O. & P.S. Shahpur, District Bhojpur, presently residing at Flat No. 402, Shivam Apartment, Gandhinagar, Kankarbagh, Patna.

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Krishna Ojha, son of Manbodh Ojha, resident of village Sahjauli, P.O. Sahjauli, P.S. Shahpur, District- Bhojpur

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Shambhu Saran Mishra, son of Late Sarju Mishra, resident of Village Karnamepur, P.S. Shahpur, District- Bhojpur

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Binod Kumar Tiwary son of Gobind Tiwary, resident of Village & P.O. Shahpur, P.S. Shahpur, District- Bhojpur.

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... ... Defendant 3^rd set/Respondent 4^th set

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

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Appearance : For the Appellant/s : None. For the Respondent/s : Mr.Dr. Alok Kumar Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 20-09-2019

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Patna High Court C.Misc. No.886 of 2018 dt.20-09-2019 2/3

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Despite repeated calls, no one appears for the petitioner. Mr. K. N. Choubey, learned senior advocate appears on behalf of the respondent no.1.

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Perused the materials on record.

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This application under Article 227 of the Constitution of India has been filed by the petitioner challenging the judgment dated 14.03.2018 passed by the learned Sub-Judge, Jagdishpur, Bhojpur in Title Suit No. 661 of 2010 whereby the petition dated 12.03.2018 filed by the respondent 1^st set under Order XII, Rule 6 read with Section 151 of the Code of Civil Procedure (for short ‘CPC’) has been allowed.

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Order XII, Rule 6(1) of the CPC provides that where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.

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Sub-rule (2) of aforesaid Order XII, Rule 6 of the CPC provides that whenever a judgment is pronounced under subrule (1) a decree shall be drawn up in accordance with the

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Patna High Court C.Misc. No.886 of 2018 dt.20-09-2019 3/3

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judgment and the decree shall bear the date on which the judgment was pronounced.

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The provisions prescribed under Order XII, Rule 6(2) of the CPC are identical to Order XX, Rule 7 of the CPC. The judgment in terms of Order XII, Rule 6 of the CPC can be challenged only by way of an appeal and not by way of an application filed under Article 227 of the Constitution of India.

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In that view of the matter, the application is dismissed as not maintainable.

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The interim order dated 10.08.2018 stands vacated.

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(Ashwani Kumar Singh, J)

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Pradeep/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	23.09.2019
Transmission Date

Sushil Kumar Sinha v. Shobha Devi and Ors.

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Sushil Kumar Sinha v. Shobha Devi and Ors.

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