Shankar Chaudhary & Anr vs Raj Narain Chaudhary on 17 October, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Civil Writ Jurisdiction Case No.17553 of 2011
                                    Shankar Chaudhary & Anr
                                                Versus
                                      Raj Narain Chaudhary
                                   ----------------------------------

03. 17.10.2011 Heard the learned counsel for the petitioners.

This application has been filed against the

order dated 16.05.2011 passed by learned Sub Judge

IV, Vaishali at Hajipur in Partition Suit No.407 of 1999

whereby the learned Court below allowed the recall

application and also received the sale deed dated

10.02.1982 and other documents and marked as

Exhibit.

From perusal of the impugned order, it appears

that the Court below has exercised a judicial discretion

and only received the documents in evidence. This

power has been exercised in view of provision as

contained in Order 7 Rule 14(3) C.P.C. I, therefore,

find that it is not a case of jurisdictional error.

Accordingly, this writ application is dismissed.

Saurabh                                           (Mungeshwar Sahoo,J.)