NAND KISHORE PANDIT Vs. CHURNI DEVI

JUDGEMENT

(1.) This writ petition has been filed against the order dated 26.2.2008 passed by learned Sub-Ordinate Judge VIII, Deoghar in Title (Partition) Suit No. 78 of 2000 rejecting the petition filed on behalf of the Petitioner for withdrawal of the suit.

(2.) Mr. A.K. Choudhary, learned Counsel appearing for the Petitioner submitted that as the suit was directly filed in the Court of learned Sub-Judge and as all the properties were not made subject matter of the suit, the Plaintiff-Petitioner wanted to withdraw this suit for filing fresh suit before appropriate forum i.e. the Settlement Officer, Dumka. He further submitted that the learned Court below rejected the prayer on the ground that inspite of objection to the maintainability of the suit taken by the Defendants far back in the year 2000 in the written statement, the Plaintiff allowed the suit to continue for about ten years, and that so far as non-inclusion of other properties is concerned, the Petitioner may amend the plaint.

(3.) Mr. K.P. Deo, learned Counsel appearing for the contesting Respondents including their substituted heirs submitted that the suit could not be filed directly in the Court of Sub-Judge and as per the Rule V of the Santhal Paragna Settlement Regulation Act, 1983, it should have been filed before the Settlement Officer and if he thought it proper, he could refer it to the Sub-Judge, otherwise he could also decide the suit. He further submitted that the learned Court below has rightly rejected the prayer for withdrawal of the suit as the suit was contested for about ten years and it was at advanced stage. He further submitted that his clients will not raise objection that the suit cannot be proceed as it was not initially filed before the Settlement Officer.