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Patna High Court – Orders
Most. Muneshwari Kuwar vs Hira Muni Devi on 13 September, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Civil Revision No.617 of 2010
                             Most. Muneshwari Kuwar
                                         Versus
                                  Hira Muni Devi
                            ----------------------------------

8 13-9-2011 I.A.No. 4410 of 2011

This Interlocutory application has been filed on

behalf of the petitioner praying for stay of the further

proceeding in T.S.No. 1 of 2005 pending in the court of

Subordinate Judge III, Buxar, till the disposal of this

revision application. However, with the consent of the

parties this revision application itself is being finally

disposed of at this stage.

The Title Suit No. 1 of 2005 has been filed by the

plaintiff-opposite party for specific performance of contract

. The defendant-petitioner appeared and filed the written

statement contesting the claim of the plaintiff on various

grounds including the enforceability of the agreement for

sale, relied upon by the plaintiff, for want of registration.

From the impugned order it appears that the issues in the

suit have been framed on 13-2-2007 which also include the

issue regarding the maintainability of the suit. A

supplementary affidavit has been filed on behalf of the

petitioner wherein it has been stated that the evidence of the
2

plaintiff was closed on 3-1-2011 and the evidence of the

defendant was closed before 10-8-2011. It has been further

stated that the proceeding had been adjoured for argument

to 8-9-2011. The learned counsel appearing on behalf of the

opposite party has informed that as per his instruction the

next date for argument has been fixed to 23-9-11 in the suit.

Both the parties have agreed that this revision

application be disposed of with a direction to the court

below to consider the objection raised by the petitioner in

his petition dated 7-5-2007.

In view of the aforesaid facts, particularly the fact

that the hearing of the suit has reached to a very advanced

stage where only the argument is to be done by the parties,

it would be just and proper that the learned court below be

directed to consider the objections raised by the petitioner in

his petition dated 7-5-2007 at the time of hearing the

argument and delivering the judgment.This Court directs

accordingly.

With these directions this revision application is

disposed of.

It may be recorded that this Court has not

expressed any opinion on the merits of the objections raised
3

by the defendant-petitioner in his petition dated 7-5-2007

and those objections shall be considered and decided by the

court below in accordance with law without being

prejudiced by this order.

( V. Nath, J.)
roy


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