Patna High Court - Orders
Dinesh Baranwal @ Dinesh Prasa vs Smt. Malti Devi And Ors on 31 January, 2019
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Revision No.13 of 2009
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Dinesh Baranwal @ Dinesh Prasa
... ... Petitioner/s
Versus
Smt. Malti Devi And Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shailendra Kumar
For the Respondent/s : Mr.Nagendra Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
4 31-01-2019By the impugned order dated 29.09.2008 passed in Title Suit No. 59 of 1982 the application of the plaintiff-petitioner dated 24.07.2008 for rejection of the examination-in-chief of witness Ratan Prasad, under Order XVIII Rule 4 (1) of the Code of Civil Procedure, on the ground that examination-in-chief was beyond the scope of remand order passed by the appellate Court has been refused.
Even if the prayer of the plaintiff-petitioner would have been allowed the suit would not have been disposed of by the impugned order. Hence, no relief can be granted to the petitioner in this jurisdiction in view of proviso to Section 115 (1) of the Code of Civil Procedure. However, since this revision application is already admitted for hearing, let it be converted into a civil miscellaneous petition.
Let the formalities be competed within four weeks.
(Birendra Kumar, J) Mkr./-
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