Niyaran Tuti v. A. Kishasar Sultana
Case at a glance
- Bench
- SANJAY KUMAR DWIVEDI
Outcome
Dismissed
Accordingly, this petition is dismissed
Provisions considered
- Constitution of India art. 227
- Code of Civil Procedure, 1908 s. 151
Key paragraphs
- Para 55. In view of above it transpires that the petitioner has filed earlier petition being M.C.A. Case No. 06/2023 which has been rejected and subsequently the said petition has been filed on the same prayer. Further it is for the plaintiffs to prove their own…
Judgment
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners : Mr. S.K. Vishwakarma, Advocate For the Opp. Parties :Mr. Amar Kumar Sinha, Advocate ………. 05/Dated: 17/03/2025 Heard Mr. S.K. Vishwakarma, learned counsel for the petitioners and Mr. Amar Kumar Sinha, learned counsel for the opposite parties.
This petition has been filed under Article 227 of Constitution of India for setting aside order dated 31.08.2023 passed in Original Suit No. 46 of 2018 whereby the petition filed by the petitioners/plaintiffs under Order 13 Rule 8 and 11 read Section 151 C.P.C. has been rejected by the learned court.
Learned counsel for the petitioners submits that the suit was instituted for declaration of right, title, interest and delivery of possession. He submits that on the basis of forged power of attorney the defendants have 1 purchased the land in question and in view of that petition has been filed which has been rejected by the learned court on the erroneous ground.
Mr. Amar Kumar Sinha, learned counsel for the opposite parties submits that said petition was earlier also filed which was numbered as M.C.A. No. 06/2023 and the same was rejected and subsequently again the same prayer by way of said petition has been made which has been rejected by the learned court.
Operative part
In view of above it transpires that the petitioner has filed earlier petition being M.C.A. Case No. 06/2023 which has been rejected and subsequently the said petition has been filed on the same prayer. Further it is for the plaintiffs to prove their own case by way of leading evidence. There is no illegality in the impugned order. Accordingly, this petition is dismissed. Pending I.A, if any, stands disposed of. ( Sanjay Kumar Dwivedi, J.) Satyarthi/- 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this petition is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908 — s. 151.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.