Patna High Court - Orders
Dr. Amarendra Roy Chaudhary vs Sri Lalit Mohan Roy Chaudhary & Ors on 10 December, 2015
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
Patna High Court CWJC No.1529 of 2014 (2) dt.10-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1529 of 2014
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Dr. Amarendra Roy Chaudhary
.... .... Petitioner/s
Versus
Sri Lalit Mohan Roy Chaudhary & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Partha Sarthy
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
2 10-12-2015The learned senior counsel, Mr. Ram Suresh Rai, for the petitioner submitted that the provision of Order XVIII Rule 17 is to sparing exercise and in appropriate cases and not a general rule merely on the ground that his recall and re-examination would not cause any prejudice to the parties as has been held by the Hon'ble Supreme Court in AIR 2009 SC 1604 Vadiraj Naggappa Vernekar Vs. Sharad Chand Prabhakar Gogate but by the impugned order the Court below allowed the application filed by the plaintiff to recall D.W.1 in a routine manner.
Issue notice to the plaintiff respondent Nos.1 to 5 only in admission matter for which the petitioner shall file the necessary requisites in ordinary process as well as registered post both within two weeks. Peremptory.
In the meantime, the operation of the impugned order dated 02.12.2013 passed in Title Suit No.221 of 1996 pending in the Court of Sub Judge III, Buxar/transferee Court shall remain stayed.
(Mungeshwar Sahoo, J) Sanjeev/-
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