Dismissed

Kanhaiya Singh @ Kanhaiya Yadav v. The State of Bihar

Patna HC28 Aug 2023C.Misc./1087/2018

Case brief

AI extract

What is this about?

The Patna High Court dismissed an application to lead additional evidence challenging the rejection of said request by the Additional District & Sessions Judge. The Court held the application was mala fide and ordered the Appellate Court to decide the Title Appeal within six months.

What did the court decide?

Application dismissed; Title Appeal No. 05 of 2014 to be decided within six months.

Kanhaiya Singh @ Kanhaiya Yadav Vs The State of… — Civil Procedure and Limitation | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1087 of 2018

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

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Kanhaiya Singh @ Kanhaiya Yadav S/o Late Dasa Singh R/o Vill Mahabirganj, P.S. - Agrer (Sasaram) Dist. - Rohtas.

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Lorik Yadav @ Lorik Singh S/o Late Dasa Singh R/o Vill Mahabirganj, P.S. - Agrer (Sasaram) Dist. - Rohtas.

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Ayodhya Yadav, S/o Banshropan Yadav, R/o Vill Mahabirganj, P.S. - Agrer (Sasaram) Dist. - Rohtas.

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... ... Petitioner/s

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Versus

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The State of Bihar through Collector, Rohtas (Sasaram).

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2.1. Janeshwar Choudhary H/o Late Sita Devi R/o Village- Mahabirganj, P.S. Agrer (Sasaram), Dist. - Rohtas.

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2.2. Binod Choudhary, Son of Janeshwar Choudhary, R/o Village- Mahabirganj, P.S. Agrer (Sasaram), Dist. - Rohtas.

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2.3. Pramod Choudhary, son of Janeshwar Choudhary, R/o Village- Mahabirganj, P.S. Agrer (Sasaram), Dist. - Rohtas.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Jai Prakash Singh For the Respondent/s : Mr.Sajid Salim Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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16 28-08-2023

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Heard the parties.

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The learned counsel for the petitioners has challenged the order dated 13.06.2018 under order XLI, Rule 27 of C.P.C. for leading additional evidence which had been rejected by the Additional District and Sessions Judge IV, Rohtas at Sasaram in Title Appeal No. 05 of 2014.

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Learned counsel for the petitioners has submitted that he wants to bring on record a letter issued by the SubDivisional Magistrate under the Right to Information Act as the

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Patna High Court C.Misc. No.1087 of 2018(16) dt.28-08-2023 2/2

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information has become available now, though the Suit has been decided in the year 2013.

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Learned counsel for the respondent/opposite parties has submitted that the Khatiyan which is being referred by the letter of the SDM under the Right to Information Act has been discussed in the Paragraph 26 of the Judgment of the trial Court and therefore, the present application is filed by the petitioner is mala fide and just to delay the appeal.

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This Court, in the aforesaid circumstances, is not interfering in the order dated 13.06.2018.

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Accordingly, this application is dismissed with a direction to the Appellate Court to decide the Title Appeal No. 05 of 2014 within six months from the date of communication/receipt of a copy of this order.

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(Sandeep Kumar, J)

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Vikas/-

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Kanhaiya Singh @ Kanhaiya Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kanhaiya Singh @ Kanhaiya Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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