Suresh Chaurasia vs Chandra Shekhar Burnwal on 10 July, 2025
"It is expected of the parties to raise necessary pleadings so as to
enable the parties to adduce evidence and bring on record such relevant
material as to enable the court forming an opinion on the issue as to
comparative hardship and consistently with such finding whether partial
eviction could meet the ends to justice. Even if no issue has been framed, the
court may discharge its duty by taking into consideration such material as
8
Civil Revision No.118 of 2004
2025:JHHC:18792
available on record." The same principle has been propounded by the
Hon'ble Patna High Court/Ranchi Bench in the case M/s Bihar Alloy Steels
Limited Vs. Hari Shankar Worah (Properties) Ltd. &Ors., relied upon by
the learned counsel for the petitioner at para 14 of the said judgment.