ARUNA DEVI Vs. BINOD SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 16/11/2017 passed by the learned Sub-Judge- IV, Jehanabad, in Miscellaneous Case No. 07 of 2015, whereby the learned Court below allowed the said Miscellaneous Case after setting aside the order dtd. 20/6/2014 passed in Title Partition Suit No. 55 of 2005 and thereby restored the said partition suit to its original file.

(3.) Brief facts of the case are that respondent nos. 1 to 6 who are plaintiffs in the learned court below have filed Title Partition Suit No. 55 of 2005 for partition of the suit property and claimed that they are sons and grand-sons of the late Bachchoo Narayan Singh. The issues were framed and the case was fixed for evidence on behalf of plaintiffs but despite taking many adjournments not produced any witness before the Court. On 20/6/2014 time petition was filed on the ground of illness of Hiran Manjhi plaintiff no. 2 and pairvikar on behalf of plaintiffs but on call no one appeared before the Trial Court to move the said petition. Therefore, the time petition was rejected and the partition suit was dismissed vide order dtd. 20/6/2014. The plaintiffs filed the Miscellaneous Case being Miscellaneous Case No. 07 of 2015, which was allowed by the learned court below vide impugned order dtd. 16/11/2017.