PRATIMA KUNWAR Vs. BASHISTHA NARAYAN SINGH

JUDGEMENT

(1.) Heard Mr. Rajeev Kumar, the learned counsel appearing on behalf of the petitioner as well as Mr. Pankaj Srivastava, the learned counsel appearing on behalf of the sole Opposite Party.

(2.) This petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 15/5/2023 passed by learned Civil Judge (Jr.Division), Nagar Untari, Garhwa in Original Suit Case No.74 of 2006 whereby the petition filed by the petitioner under Order XXIII Rule-1(3) read with Sec. 151 of the CPC has been rejected by the learned court on the ground of belated filing of the said petition.

(3.) Mr. Rajeev Kumar, the learned counsel appearing on behalf of the petitioner submits that the said suit has been instituted for declaration of right, title and interest. He submits that during the course of the proceeding it has been transpires that inadvertently the suit was filed haphazardly and in view of that the petition was filed for withdrawal of the same which has been rejected by the learned court which is against the mandate of law. On this ground, he submits that the said order may kindly be set aside. He relied in the case of Sneh Gupta v. Devi Sarup And Others, (2009) 6 SCC 194 and referred to paragraph no.35 of the said judgment which is quoted below: