CHANDRIKA MAHTO Vs. MOST. ANAR DEVI

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. 31/1/2018 passed in Miscellaneous Appeal No. 03 of 2014 by the learned Additional District Judge, 2nd, Bagaha, West Champaran whereby the Miscellaneous Appeal preferred against the order dtd. 3/3/2014 passed by the learned Munsif, Bagaha, West Champaran in Miscellaneous Case No. 22 of 2007 filed under order IX, Rule 13 has been dismissed.

(3.) The brief facts of the case are that Title Suit No. 98 of 99 was filed by the husband of respondent no. 1 in which the petitioner was defendant who has filed his written statement. In 2006, the evidence of the plaintiff was going on and the petitioner to earn his livelihood, went to Chandigarh and requested his younger brother to do pairvi in the case.