In Civil Miscellaneous Jurisdiction No.30 of 2022, the Patna High Court disposed of an application challenging the recall of an ex-parte hearing order in a suit for declaration of title, dismissing the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.30 of 2022
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Lalpari Devi Wife of Chandra Bhushan Singh Resident of Bara Telpa, Police Station Chapra Sadar, District Saran, Chapra.
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Kripa Nand Jha For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 23-06-2022
Learned Counsel for the petitioner submits that the suit for declaration of title (Title Suit No. 554 of 2013) filed by the petitioner-plaintiff was kept for ex-parte hearing on 19.07.2014, but the said order has been recalled by the learned Court below by the impugned order dated 28.09.2021, which is against the provisions of Order V Rules 15, 16 and 20 of the C.P.C.
I have gone through the impugned order and it appears that the learned Court below has recalled the order of ex-parte hearing of the suit on the application of the defendantsrespondents in the interest of justice.
I do not find any material irregularity or jurisdictional
Patna High Court C.Misc. No.30 of 2022(2) dt.23-06-2022 2/2
error in the impugned order.
This application is, accordingly, dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √
1 issue framed by the court
Whether the impugned order recalling ex-parte hearing of the suit warrants interference.
1 provisions across 1 enactments
Lalpari Devi
Rajeshwar Mahto
Binay Kumar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
