Noor Alam vs Md.Habib Mian & Ors on 29 July, 2011

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CWJC No.12130 of 2011

                            Noor Alam
                              Versus
                        Md.Habib Mian & Ors
                            -----------

02. 29.07.2011 Heard the learned counsel for the petitioner.

This application under Article 227 of the

Constitution of India has been filed by the plaintiff-

petitioner against the part of the order dated

03.05.2011 as contained in Annexure-11 passed by

Subordinate Judge III, West Champaran, Bettiah in

Partition Suit No.204 of 2000 whereby the learned

Court below refused to exhibit the reply of the

defendant-respondent dated 27.01.2011 as exhibit in

the case.

The learned counsel for the petitioner

submitted that in this reply dated 27.01.2011, the

defendants have admitted certain facts relevant for the

purpose of decision in the partition suit and, therefore,

the petitioner prayed before the Court below for

exhibiting the said reply as exhibit.

It is admitted fact that in the same suit, this

reply dated 27.01.2011 has been filed by the

respondent against the application filed by the

petitioner dated 11.01.2011. In such view of the

matter, it appears that this reply is a part of the record

and, therefore, it can be shown to the Court at the time
2

of hearing also.

In view of the above facts and circumstances

of the case, in my opinion, it is not a fit case for

exercise of jurisdiction under Article 227 of the

Constitution of India.

Accordingly, this application is dismissed.

Saurabh                                   (Mungeshwar Sahoo,J.)