Patna High Court
Bibha Devi vs Ram Swarup Singh @ Rai Saheb on 11 August, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1172 of 2024
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Bibha Devi, Wife of Birendra Kumar @ Devendra Kumar, Resident of
Village- Kaiyar, P.S.- Soikandra, District- Jamui, at present residing at
Village- Koshla, P.S.- Nardiganj, District- Nawada.
... ... Petitioner/s
Versus
1. Ram Swarup Singh @ Rai Saheb Son of Late Kamta Prasad Singh Resident
of Village- Koshla, P.S.- Nardiganj, District- Nawadah.
2. Smt. Usha Devi, Wife of Upendra Singh Resident of Village- Ghosrawan,
P.S.- Giriyak, District- Nalanda at present residing at Sonaland Bokaro, L.H.
More in House of R.B. Singh, Sonatard, Bokaro Naya More, P.S.- Sector- 4,
Bokaro, District- Bokaro.
3. Shalini Kumari, Daughter of Sri Awadhesh Singh Residing at Village-
Surajpur, P.S. and District- Nalanda at present residing at Village- Koshla,
P.S.- Nardiganj, District- Nawadah.
4. Mikki Kumari, Daughter of Sri Awadhesh Singh Residing at Village-
Surajpur, P.S. and District- Nalanda at present residing at Village- Koshla,
P.S.- Nardiganj, District- Nawadah.
5. Birendra Kumar @ Devendra Kumar, Son of Late Harinandan Singh @
Haro Singh Resident of Village- Kaiyar, P.S.- Sikandra, District- Jamui, at
present residing at Mohalla- Sheo Nagar, P.S. and District- Nawadah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 11-08-2025
The record taken up on mentioning being made on
behalf of the petitioner.
2. Heard learned counsel for the petitioner and I
intend to dispose of the instant petition at the stage of admission
itself.
3. The petitioner is aggrieved by the order dated
31.07.2019
passed in Misc. Case No. 77/2017 by the learned
Patna High Court C.Misc. No.1172 of 2024 dt.11-08-2025
Sub Judge-1, Nawada whereby and whereunder the
miscellaneous case filed by the defendants/respondents have
been admitted for consideration.
3. The learned counsel for the petitioner submits that
the petitioner was plaintiff before the learned trial court, who
has filed Partition Suit No. 145/2005, which was dismissed for
default on 06.09.2017 by the learned Sub Judge-1, Nawada. The
respondents, who are defendants, filed the miscellaneous case
for its restoration. The learned counsel further submits that the
defendants/respondents have filed a fraudulent compromise
petition before the learned trial court in Partition Suit No.
145/2005. The learned counsel further submits that the learned
trial court did not consider that the miscellaneous case filed on
behalf of the respondents should not have been admitted as the
plaintiff had not taken any steps for its restoration.
4. Perused the record.
5. From perusal of record, it is apparent that the
present civil miscellaneous petition has been filed after much
delay. The impugned order has been passed on 31.07.2019 and
five years thereafter the present petition has been filed. Though,
learned counsel for the petitioner submits that due to intervening
Covid period, the civil miscellaneous petition could not be filed
Patna High Court C.Misc. No.1172 of 2024 dt.11-08-2025
earlier, but it is the fact that Covid period started from March,
2020 and continued till February, 2022, there is no explanation
for not filing the civil miscellaneous petition prior to March,
2020 and subsequent to February, 2022.
6. Further, the petitioner has got all opportunities to
challenge the maintainability of the Misc. Case No.77/2017
which has been pending before the court of learned Sub Judge-
1, Nawada and he has already filed rejoinder on 07.10.2017. But
the petitioner is now trying to avoid the miscellaneous case in
which she has already appeared way back in the year 2017
without challenging its initiation.
7. Having regard to the cumulative effect of the
aforesaid facts and circumstances, I do not find any merit in the
present petition so as to interfere with the impugned order and
hence, the impugned order dated 31.07.2019 is affirmed.
8. Accordingly, the present petition is dismissed.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.08.2025
Transmission Date NA
