MUNESHWAR PRASAD SINGH Vs. HARIJINDRA SINGH

JUDGEMENT

(1.) THE present writ petition has been preferred against the order passed by the Court of learned Munsif, Hazaribagh dated 14th January, 2011 in Title Suit No. 85 of 2004, below an application preferred by original defendant no. 2 for holding inquiry that earlier written statement dated 28th February, 2006 (Annexure -2) was never filed by defendant no. 2. This application was allowed by the trial court and fresh and new written application was allowed to be filed by original defendant no. 2, which was filed on 19/28th August, 2006 (Annexure -4) and against the said order, passed by the trial court, the present writ petition has been preferred.

(2.) HAVING heard counsel for the petitioner and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the reason that the present petitioner has instituted Title Suit No. 85 of 2004, in which it has been alleged that original defendant no. 2 has already filed his written statement on 28th February, 2006 (Annexure2), but, it further appears from the facts of the case that when original defendant no. 2 came to know that somebody has already filed a. written statement on his behalf he appeared before the trial court and filed his correct written statement dated 19/28th August, 2006 (Annexure -4).

(3.) IN view of these facts, there is no substance in this writ petition. Hence, the same is hereby, dismissed.