LAWS(JHAR)-2010-4-94

GUPTESHWAR SINGH Vs. TARKESHWAR UPADHYAY

Decided On April 30, 2010
GUPTESHWAR SINGH Appellant
V/S
TARKESHWAR UPADHYAY Respondents

JUDGEMENT

(1.) The present petition has been preferred under Article 227 of the Constitution of India against the order passed by learned Munsif, Palamau at Daltonganj in Title Suit No. 57 of 2005 dated 4th December 2008, whereby, the written statement filed by the present petitioner is not accepted by the trial court and, therefore, the present petition has been preferred.

(2.) Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that:-

(3.) In view of the aforesaid facts, I hereby quash and set aside the order passed by learned Munsif, Palamau at Daltonganj in Title Suit No. 57 of 2005 dated 4th December, 2008, which is at Annexure-4 to the memo of petition. The written statement filed by the petitioner (original defendant) is, hereby, ordered to be taken on record of the Title Suit No. 57 of 2005 and the Title Suit No. 57 of 2005 will be decided as expeditiously as possible and practicable, in accordance with law.