Allowed

Ratan Gupta v. Adeya Prasad Singh

Patna HC27 Jun 2022C.Misc./37/2020

Case brief

AI extract

What is this about?

In a title suit concerning property rights in Bhojpur, the Patna High Court, in a civil miscellaneous application, set aside an order appointing an Advocate Commissioner without notice to the petitioner, remanding the matter for a fresh hearing with notice.

What did the court decide?

The order appointing the Advocate Commissioner and his report dated 04.10.2019 are set aside; the matter is remitted to the lower court to pass a fresh order after notice and hearing.

Ratan Gupta Vs Adeya Prasad Singh — Property and Title | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.37 of 2020

¶2

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

¶3

Ratan Gupta S/o Late Brij Bhushan Gupta Resident of Mohalla- Nawada, Village- Ara, P.s.- Ara Nawada, District- Bhojpur at present R/o Quarter No. 174, D-2, West Kidwai Nagar, Sarojini Nagar, West Delhi

¶4

... ... Petitioner/s

¶5

Versus

¶6

Adeya Prasad Singh S/o Late Shivraj Singh Resident of Mohalla- Nawada, Village- Ara, P.s.- Ara Nawada, District- Bhojpur

¶7

Raju Gupta S/o Late Brij Bhushan Gupta Resident of Mohalla- Nawada, Village- Ara, P.s.- Ara Nawada, District- Bhojpur

¶8

Rinki @ Ruby Pradhan D/o Late Brij Bhushan Gupta Resident of MohallaNawada, Village- Ara, P.s.- Ara Nawada, District- Bhojpur

¶9

Pinki @ Preeti Azad D/o Late Brij Bhushan Gupta Resident of MohallaNawada, Village- Ara, P.s.- Ara Nawada, District- Bhojpur

¶10

Basuki Nath Prasad S/o name not known Advocate, Civil Court, Ara

¶11

Avinash Prasad Singh S/o Late Shivraj Singh Resident of MohallaPowerganj, Ara, East of Kali Sthan, P.s.- Ara Nawada, District- Bhojpur

¶12

... ... Respondent/s

¶13

====================================================== Appearance : For the Petitioner/s : Mr. Parth Gaurav, Advocate For the Respondent/s : Mr. Mrigendra Kumar, Advocate Mr. Madan Jeet Kumar, Advocate ======================================================

¶14

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶15

3 27-06-2022 Heard Mr. Parth Gaurav, learned counsel for the petitioner and Mr. Mrigendra Kumar learned counsel for the Plaintiff-Respondent No. 1.

¶16

The petitioner/defendant is aggrieved by the order dated 29.08.2019 passed by the learned Munsif-2, Ara, Bhojpur, in Title Suit No. 50 of 2019/421 of 2019, by which, the Advocate Commissioner has been appointed without notice to the petitioner.

¶17

Patna High Court C.Misc. No.37 of 2020(3) dt.27-06-2022 2/2

¶18

Mr. Mrigendra Kumar, learned counsel appearing for

¶19

the Plaintiff-Respondent 1^st set submits that DefendantRespondent 2^nd set is the formal party and the petitioner is defendant No. 1 is the contesting defendant. As such, no notice need be issued to Defendant-Respondent 2^nd set. He further submits that it is correct that order for appointment of Pleader Commissioner was passed by the learned court below without giving any notice to the Plaintiff-defendant No. 1/Respondent 1^st set..

¶20

In view of the submission made by learned Counsel for the parties, the part of the impugned order to the extent appointing Advocate Commissioner and his report dated 04.10.2019 is set aside and the matter is remitted back to the learned Court below to pass a fresh order on a petition filed by the Plaintiff-Respondent 1^st set on 29.08.2019 after giving notice and after hearing the defendants in the Suit.

¶21

Accordingly, this application stands allowed.

¶22

(Anil Kumar Sinha, J)

¶23

S.Ali/-

¶24

Ratan Gupta v. Adeya Prasad Singh

Case brief

What is this about?

What did the court decide?

Ratan Gupta v. Adeya Prasad Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Maya Devi, Vs Peyari Devi

Amrit Varsha Dhawan Vs Dheeraj Dhawan

Lalpari Devi Vs Rajeshwar Mahto

Ranjit Rai @ Ranjit Kumar, Vs Nand Kishore Prasad

Rahul Kumar Singh, Vs Surendra Prasad Singh

Mithilesh Kumar Vs The Bihar State Election Commission