Patna High Court - Orders
Shri Parmanand Bhagat @ Parmanand ... vs Santmat Satsang Nyas Board & Anr on 5 May, 2016
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10743 of 2015
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1. Shri Parmanand Bhagat @ Parmanand Prasad, S/o late Banwari Lal
Bhagat, resident of Mohalla- Babuaganj, Prakash Takies Road, P.S. and
District- Khagaria.
.... .... Petitioner/s
Versus
1. Santmat Satsang Nyas Board, Khagaria through Swami Banarsi Yogarthi
S/o Sri Ishwar Prasad Singh, village and Post Pasraha, P.S. Pasraha, District
Khagaria, at present resident of Kali Bari Khagaria.
2. Sri Ishwar Chand Bhagat S/o Shri Parmanand Bhagt, resident of Mohalla
Babuganj Prakash Takies Road, P.s. and District- Khagaria.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jagdish Prasad Bhagat
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
3 05-05-2016After some arguments learned counsel Mr. J.P. Bhagat submitted that in view of the Order 8 Rule 6(A) sub Rule 4 CPC. The counter claim is to be treated as plaint and when by the impugned order the counter claim which is a deemed plaint has been rejected. It is a decree within the meaning of the said turn defined under Section 2 sub Rule 2 CPC therefore appeal shall be filed by the petitioner and accordingly he seeks permission to withdraw this writ application with liberty to file appeal before appropriate forum.
In view of the submission of the writ petitioner is permitted to withdraw this writ application which aforesaid liberty.
Thus, this writ application is dismissed with aforesaid liberty.
(Mungeshwar Sahoo, J) siddharth/-
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