Madan Mohan Mishra @ Ranjit Mishra vs Most. Bhalsari Devi & Ors on 16 March, 2016

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Patna High Court - Orders

Madan Mohan Mishra @ Ranjit Mishra vs Most. Bhalsari Devi & Ors on 16 March, 2016

Bench: Mungeshwar Sahoo

      Patna High Court CWJC No.5336 of 2015 (2) dt.16-03-2016




                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5336 of 2015
                  ======================================================
                  Madan Mohan Mishra @ Ranjit Mishra
                                                                       .... .... Petitioner/s
                                                    Versus
                  Most. Bhalsari Devi & Ors
                                                                      .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :    Mr. Bimal Kumar
                  For the Respondent/s      : Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
                  SAHOO
                  ORAL ORDER

2   16-03-2016

Learned counsel, Mr. Bimal Kumar, appearing for the petitioner submitted that during the pendency of the Title Suit, the record of right was not finally published. The draft publication was filed by the petitioner before the trial court, which was not relied upon. During the pendency of the appeal, the petitioner filed the final publication of the record of right but by the impugned order, the court below rejected the application under Order 41 Rule 27 C.P.C. although the document is necessary for just decision of the controversy between the parties and the provision as contained in Order 41 Rule 27 (aa) C.P.C. is applicable and the appellate court has the jurisdiction to allow the application but the court below erroneously did not exercise the jurisdiction under the said provision.

2. An application being I.A. No. 6401 of 2015 has been filed by the petitioner praying therein to delete the name of Patna High Court CWJC No.5336 of 2015 (2) dt.16-03-2016 respondent No.1 on the ground that legal representatives are already on record after his death.

3. In view of the submission, this interlocutory application is allowed and the name of respondent No.1 is expunged from the cause title of this writ application.

4. Issue notice to the respondents in admission mater for which the petitioner shall file necessary requisites in ordinary process as well as registered post both within two weeks after Holi holidays. Peremptory.

5. In the meantime, further proceeding in T.A. No. 03 of 2006 pending in the court of learned 1st Additional District Judge, Madhubani shall remain stayed.

brajesh/-                                          (Mungeshwar Sahoo, J)
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Patna High Court - Orders