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Amarendra Roy Choudhary v/s Kunj Bihari Roy

    Civil Revision 1755 Of 2003

    Decided On, 17 August 2005

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE S.N.HUSAIN

    For the Appearing Parties: S. Ramsuresh Rai, Ajit Kumar, Parth Sarthi, Ram Bali Jha, Arun Kumar Singh, Dinesh Kumar Singh, Advocates.



Judgment Text

S.N.HUSSAIN, J.

(1.) Heard learned counsel for the petitioner, learned counsel for O.P. Nos. 1 and 4, learned counsel for O.P. Nos. 2 and 3.

(2.) Petitioner is Defendant No. 2 in Title Suit No. 221 of 1996 which was filed by Opposite party Nos. 1 to 4 for

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partition of the suit properties.

(3.) Defendant-petitioner is aggrieved by order dated 1.8.2003 passed in the aforesaid suit by which learned sub-Judge-III, Buxar, refused to consider his petition under Order XII, Rule 6 of the Code of Civil Procedure and all the defendants were given liberty to raise the said point at the time of argument after closure of the evidence.

(4.) From the arguments of the parties and after perusing the materials on record, it is quite apparent that the suit is already nine years old and during the said proceeding several matters arose between the parties against which one or other party came before this Court in Civil Revision Nos. 2161 of 2001 and 869 of 2002 which were heard together by this Court and were decided by common order dated 3.9.2003 by which, disposing of the said revisions, it was specifically directed on the basis of the undertakings given by the learned counsel for the parties that they would not indulge in filing petitions after petitions for debarring the trial Court in disposal of the suit and the Court made a time frame of four months for disposal of the suit and it was also mentioned therein that if any petition is being filed, it should be kept in abeyance for consideration at the time of argument stage only. Thereafter another revision/petition bearing Civil Revision No. 1709 of 2003 was filed by the petitioner which was allowed by this Court vide order dated 9.11.2004 and in that case also it was directed that the Court below should dispose of the suit within the time frame fixed by this Court on earlier occasion of four months but that time would start from the date of production/receipt of a copy of that order and all other petitions filed by any of the parties, if pending, should be kept in abeyance for consideration at the time of argument.

(5.) In the light of the aforesaid directions of this Court, this Civil Revision is disposed of with a direction to the learned Court below to decide the instant matter in issue also alongwith the other issues at the time of final disposal of the suit specially the point as to whether the admission of plaintiff Nos. 1 and 4 can be legally held to be admission on behalf of the plaintiffs and also whether the admission claimed by the petitioner is admission under the provision of Order XII Rule 6 of the Code of Civil Procedure.

(6.) Office is directed to immediately communicate this order to the Court below without any delay
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