Patna High Court
Smt. Saroj Devi And Anr vs Rajesh Pandey And Ors on 9 January, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.942 of 2017
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1. Smt. Saroj Devi and Anr wife of Hridya Nand Pandey,
2. Hridya Nand Pandey, son of Late Ram Pravesh Pandey, Both are resident of
VillageP.O.- Patedha, P.S.- Maharajganj, District- Siwan.
... ... Petitioner/s
Versus
1. Rajesh Pandey and Ors son of Ramanand Pandey, resident of Village-
Paterha, P.S.- Maharajganj, District- Siwan.
2. Rakesh Pandey, son of Ramanand Pandey,
3. Most Sumitra Kunwar, wife of Late Ramanand Pandey, Both are resident of
Village- Paterha, P.S.- Maharajganj, District- Siwan.
4. Smt. Usha Devi, wife of Akhilesh Mishra, presently reside at Village-
Bansohi, P.S.- Basantpur, District- Siwan.
5. Smt. Renu Devi, wife of Shiv Kumar Upadhyay, presently reside at Village-
Sonbarsa, P.S.- Basantpur, District- Siwan.
6. Most. Chandrama Kunwar, wife of Late Sachitanand Pandey, resident of
Village- Paterha, P.S.- Maharajganj, District- Siwan.
7. Smt. Punam Devi, Daughter of Late Sachitanand Pandey, wife of Vinod
Mishra, resident of Village- Dhanaw, P.S.- Baniyapur, District- Chapra.
8. Smt. Kanti Devi, wife of Rameshwar Pandey, resident of Village- Baliya,
P.S.- Maharajganj, District- Siwan.
9. Vishwanand Pandey, son of Late Rampravesh Pandey, resident of Village-
Paterha, P.S.- Maharajganj, District- Siwan.
10. Smt. Saraswati Devi, wife of Shree Vishwa Nand Pandey, resident of
Village- Paterha, P.S.- Maharajganj, District- Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 09-01-2024
Heard learned counsel for the petitioners and I intend
to dispose of this petition at the stage of admission itself.
02. The petitioners have filed the present petition for
quashing the order dated 19.04.2017 passed by the learned Sub.
Patna High Court C.Misc. No.942 of 2017 dt.09-01-2024
Judge-III, Siwan in Title Suit No. 739 of 2009, by which the
petition dated 25.05.2016 filed on behalf of defendant-1st set for
recalling the plaintiffs' witness nos. 6 & 9 for cross-examination
has been rejected.
03. Learned counsel for the petitioners submits that
the petitioner do not stay at the place of litigation and pairavi in
the case was entrusted to other persons and for this reason
plaintiffs' witness nos. 6 and 9 could not be cross-examined.
The learned trial court did not consider the fact regarding
petitioner no. 1 is living outside and petitioner no. 2 being in
Government Service and the rejection of prayer of the
petitioners for recall of the witnesses would cause irreparable
loss to the petitioners. Hence, the order dated 19.04.2017 may
be set aside and the petitioners be allowed to cross-examine the
plaintiffs' witness nos. 6 and 9.
04. Perused the record.
05. Perusal of impugned order makes it amply clear
that on 01.02.2016, the petition filed for recall of plaintiffs'
witness nos. 6 & 9 was rejected by the learned trial court. The
said order was not challenged before any Superior Court and it
attained finality. The petitioner again moved before the learned
trial court with same prayer. The impugned order also reflects,
Patna High Court C.Misc. No.942 of 2017 dt.09-01-2024
prior to that, other witnesses were also recalled. It has also come
in the impugned order that recall petition was filed after much
delay.
06. Considering all these facts and circumstances,
particularly, the fact that the earlier order rejecting recall of the
same witnesses was not challenged and continuous filing of
petitions for recalling the same witnesses seems to be a ploy for
lingering the matter, I do not find any merit in the present
petition and hence, the same is dismissed.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09.01.2024
Transmission Date N/A
