Jawahar Prasad Sao vs Narayan Mishra
2021 Latest Caselaw 351 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P.(C) No.47 of 2013
        Jawahar Prasad Sao                                   ... ... Petitioner
                                       Versus

        Narayan Mishra                                      ...... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. Vibhor Mayank, Advocate For the Respondent : Mr. Jitendra Nath Upadhyay, Advocate

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10/Dated 22nd January, 2021

The matter has been heard through video conferencing with the

consent of the learned counsel for the parties.

Mr. Vibhor Mayank, learned counsel for the petitioner has

submitted that the order which is impugned in this writ petition is not

sustainable in the eye of law because the learned court below has not

appreciated, while dismissing the petition filed under Section 47 of

C.P.C., that the decree passed upon the compromise entered in between

the parties in an eviction suit on the ground of default in making

payment of rent is nullity in the eye of law. To substantiate his

arguments, he has relied upon certain judgments.

Mr. Jitendra Nath Upadhyay, learned counsel for the respondent

has sought for time to go through the judgments relied upon by the

learned counsel for the petitioner.

As prayed for by him, let this case be listed on 29.01.2021.

Interim order dated 25.02.2013 is to continue till the next date

of hearing.

On the next date, the issue of maintainability of petition under

Article 227 of the Constitution of India be also argued by the learned

counsel for the parties.

(Sujit Narayan Prasad, J.) Saurabh