Kumari Laxmi vs Rama Devi & Ors on 20 October, 2023
8. That it is respectfully submitted that the records of both
the matters/suit i.e. (i) Suit for partition pending
adjudication before this Hon'ble Court, suit bearing no.
876/2018 titled as "Kumari Laxmi Vs Mrs. Rama Devi &
Ors" and (ii) Suit for Partition pending adjudication before
the Court of Sub Judge, Motihari, Bihar bearing Partition
Suit no. 71/2018 titled as "Devashish Kishore Vs Kunal
Kishore & Ors." reveals that the parties in both suits are
same as well as the nature of suit, directly involving similar
Signature Not Verified
C.R.P. 235/2019 Page 23 of 33
Digitally Signed By:SARIKA
BHAMOO VERMA
Signing Date:21.10.2023
17:35:05
issue of partition. Further, the present suit has been
instituted on 14.03.2018 and the suit before the Court of Sub
Judge, Motihar, Bihar was instituted on 28.02.2018. 9. That
without prejudice, it is submitted that the present suit is an
apparent abuse of process of law as the Plaintiff has
preferred the present suit being well known to the fact of
institution of suit for partition by the defendant no. 5/
Applicant.