High Court Patna High Court - Orders

Subodh Kumar Sharma vs Ram Pukar Jha &Amp; Ors on 14 July, 2008

Patna High Court – Orders
Subodh Kumar Sharma vs Ram Pukar Jha &Amp; Ors on 14 July, 2008
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             C.R. No.992 of 2008
                             SUBODH KUMAR SHARMA
                                    Versus
                             RAM PUKAR JHA & ORS
                                  -----------

2 14/7/2008 Heard counsel for the petitioner.

Counsel for the petitioner submits

that as a matter of fact at no point of

time question of jurisdiction was raised

by the defendant no.3 and in fact the

court below has committed an error of

record in proceeding with the assumption

that there was any issue for determination

of question of jurisdiction of the Court.

From the order dated 26.7.2007 as

also the impugned order dated 12.5.2008 it

is clear that the court below has merely

recorded that the court has not yet

decided the question of jurisdiction and

therefore there is no justification in

recalling the said order. In the opinion

of this Court, neither the order dated

26.7.2007 nor the impugned order dated

12.5.2008 has decided any issue of

jurisdiction and if the petitioner is so

sanguine and correct that actually the

Court below has jurisdiction, it would

always be open for the petitioner to
2

answer this question at an appropriate

stage when this Court below would proceed

to consider and decide the said issue

relating to its jurisdiction.

The grievance of the petitioner,

therefore, seems to be wholly premature

and misconceived and accordingly this

application is disposed of without any

interference in the impugned order.

( Mihir Kumar Jha, J. )

Abhay Kumar