Patna High Court
Jahiruddin @ Zahiruddin vs Manzoor Alam on 4 April, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.641 of 2024
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1. Jahiruddin @ Zahiruddin S/o Late Abdul Jabbar Resident of Village and
P.O.-Haldikhora, P.S.-Kochadhaman, District-Kishanganj
2. Samiruddin S/o Late Doma Resident of Village and P.O.-Haldikhora, P.S.-
Kochadhaman, District-Kishanganj
3. Giranu S/o Late Doma Resident of Village and P.O.-Haldikhora, P.S.-
Kochadhaman, District-Kishanganj
4. Gulzara W/o Late Ghauri Resident of Village and P.O.-Haldikhora, P.S.-
Kochadhaman, District-Kishanganj
... ... Petitioners
Versus
1. Manzoor Alam S/o Late Sainuddin Resident of Village-Haldikhora, P.S.-
Kochadhaman,
2. Nargis Begum W/o Izhar Alam, D/o Late Sainuddin Resident of Village-
Haldikhora, P.S.-Kochadhaman, District-Kishanganj.
3. Kamrun Nisha Wife of Hasebul Raman, D/o Late Sainuddin Resident of
Village and P.O.-Nisandara, P.S.-Bahadurganj District-Kishanganj.
4. Noor Begum W/o Ali Hussain, D/o Late Sainuddin R/O Barijan, P.O.-
Kashibari Hat, P.S.-Kochadhaman, Dishrict-Kishanganj.
5. Kulsum Begum W/o Shakir Alam, D/o Late Sainuddin Resident of Village
and P.O.- Laucha, P.S.-Bahadurganj District-Kishanganj.
6. Saidul Rahman Late Sametun Missa, who Was, D/o Late Sainuddin Resident
of Village-Balia Kashibari, P.O.Chargharia, P.S.-Kochadhaman, District-
Kishanganj.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Firoz Ahmad, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 04-04-2025
Heard the learned counsel for the petitioners and I
intend to dispose of the present petition at the stage of
admission itself.
02. The present petition has been filed seeking
Patna High Court C.Misc. No.641 of 2024 dt.04-04-2025
2/4
following relief(s):
"I. For setting aside the order dated
11.03.2024
of the learned Civil Judge (Jr.
Division) Kishanganj passed in T.S. No.
01/2017, CIS 01/2017 (Contained in
Annexure-9) whereby and whereunder the
plaintiffs'-respondents' petition dated
20.06.2023, u/s 151 of C.P.C. has been
allowed directing to deposit the cost of Rs.
3,000/- at the Nazarat Civil Court and
rejected the prayer of the defendants-
petitioners without considering the law and
citation referred before the court and without
any reason.
II. For any other relief/reliefs for which
the defendants-petitioners are found to be
entitled or as lordships may deem fit and
proper."
03. Learned counsel for the petitioners submits that
the application of the plaintiffs filed under Order VII Rule 14(3)
of the Code of Civil Procedure, 1908 (for short 'the Code') has
been allowed on 22.03.2023 while imposing the cost of Rs.
2,000/-. But the said cost was not deposited by the plaintiffs on
the next date of hearing. The plaintiffs filed another application
on 20.06.2023 under Section 151 of the Code for allowing them
to deposit the cost. The learned trial court, ignoring the specific
Patna High Court C.Misc. No.641 of 2024 dt.04-04-2025
provision of law as prescribed under Section 35B of the Code,
allowed the petition filed by the plaintiffs under Section 151 of
the Code on 20.06.2023 while directing the plaintiffs to deposit
the cost with imposition of further cost of Rs. 3,000/-. Learned
counsel further submits that the provision of Section 35B of the
Code is mandatory and the learned trial court should not have
allowed the extension of time for depositing the cost in this
manner.
04. Perused the record.
05. Perusal of record shows the impugned order dated
11.03.2024 has been passed by the learned trial court while
exercising its inherent jurisdiction under Section 151 of the
Code. The learned trial court has considered the objections
raised by the defendants/petitioners and thereafter, passed the
impugned order extending the time for making the payment of
cost by the plaintiffs. It also appears that one of the plaintiffs'
witnesses was cross-examined in part without any issue being
raised about non-depositing of the cost. The learned trial court
passed the impugned order dated 11.03.2024 for the ends of
justice and this Court does not find any infirmity in the said
order. Hence, the impugned order dated 11.03.2024 passed by
the learned Civil Judge (Jr. Division)-I, Kishanganj is hereby
Patna High Court C.Misc. No.641 of 2024 dt.04-04-2025
affirmed.
06. Accordingly, the present civil miscellaneous
petition stands dismissed.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.04.2025
Transmission Date NA
