IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.992 of 2008
SUBODH KUMAR SHARMA
Versus
RAM PUKAR JHA & ORS
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2 14/7/2008 Heard counsel for the petitioner.
Counsel for the petitioner submits
that as a matter of fact at no point of
time question of jurisdiction was raised
by the defendant no.3 and in fact the
court below has committed an error of
record in proceeding with the assumption
that there was any issue for determination
of question of jurisdiction of the Court.
From the order dated 26.7.2007 as
also the impugned order dated 12.5.2008 it
is clear that the court below has merely
recorded that the court has not yet
decided the question of jurisdiction and
therefore there is no justification in
recalling the said order. In the opinion
of this Court, neither the order dated
26.7.2007 nor the impugned order dated
12.5.2008 has decided any issue of
jurisdiction and if the petitioner is so
sanguine and correct that actually the
Court below has jurisdiction, it would
always be open for the petitioner to
2
answer this question at an appropriate
stage when this Court below would proceed
to consider and decide the said issue
relating to its jurisdiction.
The grievance of the petitioner,
therefore, seems to be wholly premature
and misconceived and accordingly this
application is disposed of without any
interference in the impugned order.
( Mihir Kumar Jha, J. )
Abhay Kumar