IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2268 of 2007
Rana Chaterjee son of Shri Gopal Chandra Chatterjee,
resident of Mohalla Kaahzi Hotel, Konak (South of
Darbar Cinema) P.O. Siwan, PS Siwan Town,District
Siwan ......Petitioner/Defendant
Versus
Shrimati Shushila Yadav, wife of Dr. Ramjee Choudhary,
residents of Village Gaushala Road, PO Siwan, PS
Siwan,District Siwan.......Opposite party/ Plaintiff
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08- 21/11/2011 Heard Mr. R K Shukla for the petitioner, and Mr.
Shashi Shekhar Dwivedi for the opposite party. The
defendant is the petitioner in an application under Section
115 of the Code of Civil Procedure and is aggrieved by the
order dated 21.8.2007, passed by the learned Sub Judge III,
Siwan, whereby the application filed by the defendant to
consider the preliminary objection raised by him at the
preliminary stage has been rejected, and it has been ordered
that the same shall be considered at the time of disposal of
the suit.
2. Learned counsel for the defendant (the
petitioner) submits that in order to avoid wastage of public
time and money the court should always strive to dispose of
matters at the preliminary stage. He relies on my judgment
in the case of Dilip Gupta v. Debashish Palit [2005 (3)
PLJR 623] (para- 27).
3. Learned counsel for the plaintiff (the opposite
2
party) submits that the hearing of the suit has already
concluded in March 2010 which renders the present civil
revision application infructuous.
4. We have perused the materials on record and
considered the submissions of the learned counsel for the
parties. In view of the statements of Mr. Shashi Shekhar
Dwivedi, learned counsel for the plaintiff, that the hearing
of the suit has concluded in March 2010, and now oral
arguments have to commence, this civil revision application
has become infructuous. It is accordingly dismissed.
mrl ( S K Katriar, J.)