Sri Brijnandan Prasad vs Sri Uchit Singh on 8 July, 2011

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CWJC No.10668 of 2011
                        Sri Brijnandan Prasad
                                 Versus
                            Sri Uchit Singh
                               -----------

02. 08.07.2011. Heard the learned counsel for the petitioner.

This writ application has been filed against the

order dated 27.05.2011 passed by Subordinate Judge

Ist, Patna in Title Suit No.589 of 1990 whereby the

learned Court below rejected the petitioner’s application

as contained in Annexure 4 whereby prayer was made

to reject the affidavit, i.e., examination-in-Chief of

P.W.4. The learned counsel for the petitioner submitted

that in fact the examination-in-Chief of P.W.4 is

irrelevant and cannot be considered. All these points

are available to the petition at the time of final hearing

of the suit and not at this stage.

It appears that the learned Court below noted

the submissions of the learned counsels at length and

thereafter rejected the application. By the impugned

order, in my opinion, no injustice has been caused to

any party, so, it is not the case where supervisory

jurisdiction under Article 227 is required to be

exercised. Thus, this writ application is dismissed.

Sanjeev/-                                        (Mungeshwar Sahoo,J.)