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2023 Supreme(Pat) 413 ; 2023 Supreme(Pat) 550

ARUN KUMAR JHA
Bijay Kumar Mantri @ Vijay Kumar Mantri S/o Late Bishwambhar Lal Mantri – Appellant
Versus
Shiv Nandan Mantri S/o Late Mali Ram Mantri – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ragibh Ahsan, Satish Kumar Sinha.
For the Respondents: Alok Kumar Chaudhary, Priyanka Kumari, Rakesh Tiwary, Subhro Sanyal, Dhaneshwar Prasad Singh.

JUDGMENT :

ARUN KUMAR JHA, J.

1. Learned Senior Counsel for the petitioner and learned counsel for the opposite parties/respondents have been heard on the last date of hearing.

2. The matter has been taken up for hearing on the point of admission but I intend to dispose of this civil revision petition at the stage of admission stage.

3. The petitioner has filed the instant civil revision petition for setting aside the order dated 03.07.2019 passed in Title Suit No. 52 of 2018, whereby and whereunder the application filed under Order 7 Rule 11 of the Code of Civil Procedure of the petitioner/defendant has been rejected by the learned Sub Judge-II, Kishanganj.

4. The case of the petitioner is that respondent no. 1/plaintiff has filed a title suit bearing No. 52 of 2018 praying for the following reliefs:

    “(A) That let it be declared and adjudicated by the court that the family settlement deed dated 10.05.1979 (ten day of May one thousand nine hundred seventy-nine) vide 03.06.1980 (third day of June one thousand nine hundred eighty) Sketch Map Sutta Karkhana, Sutta Karkhana, Agriculture land and Pachhimpali Patgola in between the heirs of Late Tara Chand Mantri are not correct and the settle

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