Patna High Court

WRIT PETITION 11444 of 2010 on 20 October 2006

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.11444 of 2010

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1. Sarbanath Singh S/O Late Munsi Dayal Singh R/O Jainagar, P.O. And P.S. Jainagar, Distt.- Madhubani

2. Sri Sudhir Kumar Singh S/O Late Dharmnath Singh R/O Jainagar, P.O. And P.S. Jainagar, Distt.- Madhubani

.... .... Petitioners

Versus

1. The Collector Madhubani on behalf of the State of Bihar

2. The Circle Officer, Jainagar, Police Station Jainagar, Distt.- Madhubani

3. The Chairman of Bhoodan Yagya Committee, Patna 4.Ram Jatan Paswan S/O Late Jagdish Paswan R/O Mukarir Tola, P.O. and P.S. Jai Nagar, Distt.- Madhubani

5. Dukhni Devi W/O Ram Prakash Paswan R/O Vill.- Siswani, P.S. Babubarhi, Distt.- Madhubani

6. Arhullia Devi W/O Bhogi Paswan R/O Vill.- Benipur, P.S. Benipur, Distt.- Madhubani

7. Phulwati Devi W/O Late Ram Nihora Singh R/O Town Jay Nagar Ward No. 8 Main Road, P.O. and P.S. Jay Nagar, Madhubani

8. Asha Devi W/O Late Sunil Kumar Singh R/O Town Jay Nagar Ward No. 8 Main Road, P.O. And P.S. Jay Nagar, Madhubani

9. Smt. Sweta Singh W/O Shivendra Kumar Singh R/O Vill.- Ramrepur, P.O. Saidpur, Distt.- Gajipur (U.P.)

.... .... Respondents.

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Appearance :

For the Petitioner/s : Mr. Kumar Shekhar For the Respondent/s : Mr. (Gp20)

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGHORAL ORDER

3 13-09-2012

Page 1 of 2

The petitioners pray for quashing order dated 20.10.2006 passed in Title Suit no. 26 of 1989 by Additional Munsif (J.M.), Madhubani, whereby the learned court below rejected the prayer of the petitioners for taking the report of the Pleader Commissioner as evidence in the suit and marked it as Exhibit.

It appears that the defendants objected to marking of the report as an Exhibit. The defendants stated that the report can be proved only by means of oral evidence. The trial court had posted the case for evidence.

The impugned order is of the year, 2006 and no one appears for the petitioners even today.

No one appeared on behalf of the petitioners on previous date.

This writ petition is dismissed for non-prosecution.

Uday/-

(Samarendra Pratap Singh, J)

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