Civil miscellaneous application seeking quashing of an order debarring petitioners from filing written statement. The High Court found no illegality or error of jurisdiction and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.26 of 2020
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====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Respondent/s : Mr.Rishi Raj Sinha (SC-19) ======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
25-02-2020
The present application has been filed for the
following reliefs, as formulated by the petitioners/defendants--
“I. For quashing/setting aside the order dated 23.04.2018 passed by learned Sub-Judge-1 Purnea in T.S.No. 208/2014(CIS No.679/14) whereby and whereunder the prayer of the
Patna High Court C.Misc. No.26 of 2020 dt.25-02-2020 2/3
petitioners to recall the order dated 13.1.17 debarring these petitioners to file written statement has been rejected.
II. For a direction to accept written statement filed on their behalf to enable these petitioners to set up his case and to lay their counter claim.”
Patna High Court C.Misc. No.26 of 2020 dt.25-02-2020 3/3
CPC, whereas the defendants/petitioners filed a petition dated 18.03.2015, i.e. about six months after appearing in the suit on 23.08.2014, mentioning therein that defendant nos. 4 and 6 had died much before the filing of the suit. The learned court below has also taken note that the recall petition of the defendants was not supported with any affidavit nor did it disclose the documents for want of which the written statement could not be filed within time.
(Vikash Jain, J)
HR/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 28.02.2020 |
| Transmission Date | N/A |
2 issues framed by the court
Whether High Court should interfere in the exercise of its discretion to recall the order debarring petitioners from filing written statement?
Whether the petitioners have shown sufficient reason or error of jurisdiction in the impugned order to warrant relief?
Gayush Marandi
Ganesh Marandi
Chhedi Nadaf
Bhedi Nadaf
State of Bihar
Collector, Purnea
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
