Kaushlendra Prasad vs Baleshwar Prasad & Anr on 28 June, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.9880 of 2011
                                Kaushlendra Prasad
                                      Versus
                              Baleshwar Prasad & Anr
                                   -----------

2. 28.06.2011 Heard learned counsel for the

petitioner.

This writ application has been filed

for quashing the order dated 21.4.2011

passed by Sub Judge-I, Biharsharif, Nalanda

in Title Suit No. 52 of 2006 whereby, the

learned Sub Judge rejected the petition

dated 26.11.2010 filed by the petitioner

for making Title Suit No. 52 of 2006 and

Title Suit No. 141 of 2000 as analogous

cases.

From perusal of the impugned order

it appears that the learned court below

found that Title Suit No.52 of 2006 is a

suit for declaration of title filed by the

plaintiff Baleshwar Prasad who is not a

party in Partition Suit No. 141 of 2000.
2

The learned court below also found that the

parties are not same and the issue involved

in both the suits are also different and it

may cause inconvenience to the party and

the Court also if the both the suits are

make analogous. In view of the above

finding, in my opinion it cannot be said

that the learned court below acted without

jurisdiction and any injustice has been

caused to any of the parties. I therefore,

find no merit in this writ application.

Accordingly, this writ application

is dismissed.

S.S. (Mungeshwar Sahoo,J.)