IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.996 of 2011
In
Civil Writ Jurisdiction Case No. 8003 of 2011
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1. Vireshwar Jha @ Visheshwar Jha son of Batuki Jha
2. Shiv Chandra Jha, son of late Kapildeo Jha and Grand son of late Batuki
Jha
Both residents of village- Rasidpur, P.S. Sheohar, District Sheohar.
.... .... Appellant/s
Versus
Achelal Sah son of Late Gulam Sah, resident of village- Rasidpur, P.S.
Sheohar, District Sheohar.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Tushar Vaibhav
For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 14-07-2011 Learned advocate Mr. Tushar Vaibhav appearing for the
appellants is not present on call. Earlier also on 12 th July 2011 he
was not present.
This Appeal under Clause 10 of the Letters Patent arises
from the order dated 10th May 2011 made by the learned single
Judge in above C.W.J.C. No. 8003 of 2011. In the said writ
petition filed under Article 227 of the Constitution, the appellant
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had challenged the order dated 4th December 2010 passed by the
civil court in pending Title Suit No. 2 of 2007. Under the said
order, the civil court has rejected the application of the appellant to
decide the preliminary issue of bar of res judicata.
It is evident that the writ petition was filed under Article
227 of the Constitution of India as a Revision under section 115
C.P.C. would not lie.
In our opinion, against the order made in the writ petition
arising out of civil suit, an appeal under the Letters Patent would
not lie.
The impugned order, therefore, does not warrant
interference.
The appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
B Tiwary/-
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