Anand Kand Mishra vs Kamleshwar Mishra
2024 Latest Caselaw 4842 Jhar

Jharkhand High Court

Anand Kand Mishra vs Kamleshwar Mishra on 3 May, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   C.M.P. No.1319 of 2023
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1. Anand Kand Mishra

2. Umesh Kumar Mishra

3. Ramesh Kumar Mishra .... .... Petitioners Versus

1. Kamleshwar Mishra

2. Sushil Kumar Mishra

3. Suresh Kumar Mishra

4. Dinesh Kumar Mishra

5. Prabhakar Mishra

6. Bibhakar Mishra

7. Kajal Mishra

8. Geeta Devi

9. Ujjwal Kumar Mishra

10. Pankaj Kumar Mishra

11. Sajal Kumar Mishra .... .... Respondents

CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioners : Mr. Manoj Kr. No.4, Advocate Mr. Rajiv N. Prasad, Advocate For the Respondents :

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10/Dated: 03.05.2024

1. This civil misc. petition is against the order dated 20.09.2023,

whereby and whereunder, the petition filed under Order XLI Rule 27

of the CPC particularly on the basis of the condition stipulated under

Order XLI Rule 27 (a) of the aforesaid provision, has been rejected.

2. When this Court has confronted with the learned counsel for

the petitioners that how and on what basis, the petition as has been

filed said to attract the condition stipulated under Order XLI Rule 27

(a) of the C.P.C.

3. Learned counsel for the petitioner has submitted that such

condition is not available. However, the learned counsel by referring

to the judgment rendered by the Hon'ble Apex Court in the case of

Union of India Vrs. Ibrahim Uddin & Anr., reported in (2012) 8

SCC 148 has submitted that the statutory mandate by keeping the

fact into consideration is that if any document is required to be

considered, the provision has been made under Order XLI Rule 27

(b) for consideration of the said document at the time of

pronouncement of the judgment which is to be considered by the

concerned appellate authority.

4. Learned counsel, in view thereof, has prayed to withdraw this

petition with liberty to make appropriate application for its

consideration by the learned appellate court, as per law.

5. Considering the same, the instant civil misc. petition is

dismissed as withdrawn, however, with liberty as aforesaid, which is

to be considered by the learned appellate court in accordance with

law.

(Sujit Narayan Prasad, J.)

Rohit/-