LAWS(PAT)-2013-9-64

STATE OF BIHAR Vs. ANAND

Decided On September 26, 2013
STATE OF BIHAR Appellant
V/S
ANAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State. In this case, petitioners are seeking review of the order dated 26th April, 2012 passed in C.W.J.C. No. 4504 of 2012 on the ground that the writ petitioner Anand son of Sri Parmanand Rai O.P. No. 1 in the present review application has obtained the order by playing fraud as the order dated 6th August, 2011 passed by Sub-Judge-II, Buxar in Execution Case No. 2 of 2007 is a tampered/fabricated and manipulated order and on that basis this Court has passed the order directing to take action in terms of order dated 6th August, 2011.

(2.) When this fact was brought to notice, this Court issued notice on O.P. No. 1, in the meantime, the order dated 26th April 2012 passed in CWJC No. 4504 of 2012 was stayed.

(3.) The O.P. No. 1 appeared and submitted that he has annexed the photocopy of certified copy of the order which was supplied to him by the Copying Section of Civil Court, Buxar but he could not explain the incoherency inconsistency of the order dated 6th August, 2011 attached with the review application and in the writ application. While passing the order, the Court itself examined and found that the aforesaid order attached with the review application is completely different to the order attached with the writ application. The fact is the order dated 6th August, 2011 attached to present Review Application is quite different to that order attached to the writ petition.