Dismissed

Gita Devi, v. Nirmala Devi

Patna HC5 Sept 2023C.Misc./1757/2018

Case brief

AI extract

What is this about?

In C.M. No.1757 of 2018, the Patna High Court dismissed the petitioners' application seeking quashing of a Sub-Judge's order allowing correction in a decree. The court held that errors in the decree could be corrected despite a related civil suit filed by respondents, with liberty to withdraw the suit.

What did the court decide?

Application dismissed; liberty given to respondents to withdraw the suit filed for corrections in the decree.

Gita Devi, Vs Nirmala Devi — Civil Procedure and Limitation | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1757 of 2018

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

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1.1. Vikash Choudhary Son of Late Niranjan Choudhary, Resident of Sultanganj, Mahajan Tola, P.S. Sultanganj, District - Bhagalpur.

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1.2. Bipin Kumar Choudhary Son of Late Nirtanjan Prasad Choudhary, Resident of Sultanganj, Mahajan Tola, P.S. Sultanganj, District - Bhagalpur.

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1.3. Bindu Devi Wife of Bhagat Kant Bhagat Resident of Savita Talkies, P.S. Sultanganj, District Bhagalpur.

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1.4. Babita Devi, Wife of Mukesh Kumar Bhagat, Resident of Hospital Road, Belhar, P.S. Belhar, District - Banka.

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Heera Lal Choudhary, Son of Shiv Gobind Lal Choudhary, resident of Village Sultanganj Mahajan Tola, P.S. Sultanganj, District- Bhagalpur.

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Naresh Prasad Choudhary, Son of Shiv Gobind Lal Cohudhary, resident of Village Sultanganj Mahajan Tola, P.S. Sultanganj, District- Bhagalpur.

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Shyam Dev Choudhary, Son of Shiv Gobid Lal Choudhary, resident of Village Sultanganj Mahajan Tola, P.S. Sultanganj, District- Bhagalpur.

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Chunchun Choudhary, Son of Shiv Gobid Lal Choudhary, resident of Village Sultanganj Mahajan Tola, P.S. Sultanganj, District- Bhagalpur.

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... ... Petitioner/s Versus

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Nirmala Devi, Wife of Gena Lal Choudhary and Daughter of Late Kunj Behari Choudhary, resident of Village Ronia, P.S. Barari, District- Katihar.

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Birendra Choudhary, Son of Baldeo Choudhary, resident of Burnpur, P.S. Burnpur, District Bardhaman West Bengal.

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Sachchidanand Choudhary, Son of Late Surendra Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Arvind Kumar Choudhary, Son of Late Surendra Prasad Choudhary, resident of Village Bairia, P.S. Tikapatti, District- Purnea.

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Ravindra Kumar Choudhary, Son of Late Surendra Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Ranvir Kumar Choudhary, Son of Late Surendra Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Kishore Kumar Choudhary, Son of Late Surendra Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Rajesh Kumar Choudhary, Son of Late Surendra Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Gayatri Devi, Wife of Jai Prakash Jaiswal, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Sunita Devi, Wife of Jit Kumar Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Sulochna Devi, Wife of Late Mahesh Prasad Choudhary, resident of Village Madanpur, P.S. Araria, District Araria.

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Patna High Court C.Misc. No.1757 of 2018(3) dt.05-09-2023 2/3

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Akhlesh Kumar Choudhary, Son of Late Mahesh Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Abdesh Kumar Choudhary, Son of Late Mahesh Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Amit Kumar Choudhary, Son of Late Mahesh Prasad Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Sudha Devi, Wife of Om Prakash Choudhary, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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Savitiri Devi, Wife of Sanjay Kumar Bhagat, resident of Village Tikapatti, P.S. Tikapatti, District- Purnea.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Respondent/s : Mr.Binod Kumar Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 05-09-2023 Heard the parties.

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The present application has been filed for quashing the order dated 18.08.2018 passed by Sub-Judge-II, Purnea by which he has allowed the application of the defendants and held that the correction in decree cannot be refused.

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It has been submitted by learned counsel for the petitioners that the impugned order should be set aside because the corrections which the respondents wanted in a decree are part of a civil suit filed by the respondents.

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In my opinion, even some suit has been filed by the respondents still there is some error in the decree the same can be allowed to be corrected by the court below and the impugned order has rightly been passed after correction, the respondents

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Patna High Court C.Misc. No.1757 of 2018(3) dt.05-09-2023 3/3

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have liberty to withdraw the suit.

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With the aforesaid observation, this application is

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dismissed.

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(Sandeep Kumar, J)

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Ranjeet/-

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Gita Devi, v. Nirmala Devi

Case brief

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Gita Devi, v. Nirmala Devi

Case brief

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