UPENDRA KUMAR SINGH Vs. RAJ KISHORE SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioner (defendant No. 4) learned counsel for the opposite parties No. 1 and 2 (plaintiffs), learned counsel for the opposite parties No. 3 and 4 (State of Bihar and its authorities) and learned counsel for the opposite party No. 5 (defendant No. 3).

(2.) The defendant-petitioner is aggrieved by order dated 30.12.2004 passed by the learned Subordinate Judge-I, Chapra, by which he rejected the petition dated 28.12.2004 of the defendant No. 4 (petitioner) for return of the plaint of Title Suit No. 207/2004 to the plaintiffs (opposite parties No. 1 and 2) for filing it afresh after compliance of the provisions of Section 80(1) of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity).

(3.) The short fact of the case is that the suit was filed on 18.5.2004 and on that very date the Court below dispensed with the filing of notices under Section 80(1) of the Code and directed issuance of notice to the defendants. It transpires that thereafter the plaintiffs filed a petition for restraining the defendants from implementing no confidence motion which was passed by the Panchayat Samiti on 19.5.2004 against defendant No. 3 who was the Pramukh. The said injunction petition was dismissed on 21.12.2004 by the learned court below. It further transpires that since more than 90 days had lapsed, issues were framed in the suit by the learned court below on 27.12.2004.