Allowed

Amrendra Kumar Verma, v. Manturee Kuwar

Patna HC15 Nov 2021C.Misc./454/2020

Case brief

AI extract

What is this about?

The Patna High Court allowed the civil petition and set aside the lower court order rejecting the recall of the plaintiff for cross-examination. It directed the petitioner to pay Rs. 5,000 cost and examine the plaintiff within the time fixed by the lower court.

What did the court decide?

Set aside the order dated 30.7.2019; directed payment of Rs. 5,000 cost; directed examination of plaintiff within two dates.

Amrendra Kumar Verma, Vs Manturee Kuwar — Civil Procedure and Limitation | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.454 of 2020

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

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Amrendra Kumar Verma, Son of Sachindra Prasad @ Sachindra Prasad Verma, resident of Village- Bariaria, P.O. and P.S.- Sangrampur, DistrictEast Champaran.

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Hari Narayan Mahto, Son of Ramdeo mahto, resident of Bariaria, P.O.and P.S.- Sangrampur, District- East Champaran.

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... ... Petitioners

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Versus

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Manturee Kuwar, Wife of Ramdeo Mahato, resident of Bariaria, P.O.and P.S.- Sangrampur, District - East Champaran.

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Jay Narayan Mahto, Son of Ramdeo Mahto, resident of Bariaria, P.O.and P.S.- Sangrampur, District- East Champaran.

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Hari Narayan Mahto, Son of Ramdeo Mahto, resident of Bariaria, P.O.a nd P.S.- Sangrampur, District- East Champaran.

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Nirmala Devi, Wife of Bishewer Mahto, Resident of Village- Murli, P.O.Dariyapur, P.S. Sangrampur, District- East Champaran.

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Brahmdeo Mahto, Son of Sudan Mahto, Resident of Bariaria, P.O. and P.S.Sangrampur, District- East Champaran.

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The State of Bihar through the Collector, East Champaran.

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The Circle Officer, Sangrampur, East Champaran.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Sinha For the Respondent/s : Mr.Subash Chandra Yadav ( Gp15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 15-11-2021 Heard learned counsel for the petitioner. He has submitted that vide order dated 30.7.2019 the learned court below has rejected his petition to recall the plaintiff for crossexamination and the learned court below has rejected the petition on sole ground that it was filed at belated stage.

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The xerox copy of certified copy of that order has

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Patna High Court C.Misc. No.454 of 2020(2) dt.15-11-2021 2/2

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been annexed as Annexure-1 with the record. It shows that the sole ground of the rejection of the petition is that it was filed on delayed stage and the petitioner has not made satisfactory reason for cause of delay.

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As the plaintiff was examined behind the back of the petitioner, his cross-examination by the petitioner/defendant is essential as such the order dated 30.7.2019 is set aside. At the same time, delay caused by the petitioner should be compensated to the plaintiff, as such, he is directed to make a payment of Rs. 5,000/- cost to the plaintiffs and he has to examine the plaintiff within two dates given by the learned court below. The learned court below may extend time if the crossexamination could not be done due to default of the plaintiff.

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With the aforesaid observations, this Civil Writ is disposed of.

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(Nawneet Kumar Pandey , J)

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SONALI/-

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U T

Amrendra Kumar Verma, v. Manturee Kuwar

Case brief

What is this about?

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Amrendra Kumar Verma, v. Manturee Kuwar

Case brief

What is this about?

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What the court decided

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