Patna High Court
Akhil Ranjan Prasad VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The High Court held that the trial court’s order was erroneous and directed it to dispose of the suit on its merits within two months.
Summary
The petitioner filed a civil miscellaneous application challenging the Civil Judge's order that rejected his petitions to delete the names of certain defendants from the plaint in Title Suit No. 291 of 1996. The petitioner argued that the defendants had not filed any written statement or produced evidence, and that the suit was effectively proceeding ex parte against them. He also submitted that a compromise had been reached with Siwan Municipality, but not with the other defendants, and that their consent was not required. The High Court held that the trial court's order was erroneous and directed the trial court to dispose of the suit on its merits, expediting the proceedings within two months. Both parties were instructed to cooperate, and the application was consequently disposed of.
Issues considered
- Whether the trial court erred in rejecting the petitioner’s petitions to delete/expunge the names of defendants No.1, 3 and 4 from the plaint.
- Whether the suit can continue ex parte against defendants who have not filed any statement or evidence.
- Whether the trial court should be directed to expedite disposal of the long‑pending title suit.
Subjects
- civil procedure
- title suit
- ex parte proceedings
- expungement of parties
- trial court direction
- delay in litigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1262 of 2019
======================================================
Akhil Ranjan Prasad Verma Son of Late Kashi Nath Prasad R/o Mohalla-
Kachahari More, P.S.-Siwan (Town), P.O. Town and District-Siwan
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Siwan
2. Siwan Municipality Siwan, through Special Executive Officer
3. S.D.M. Siwan, District-Siwan
4. Circle Officer Siwan
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Narain, Sr. Adv.
Mr. Anant Kr. Singh, Adv.
Mr. Umesh Kr. Roy, Adv.
Mrs. Annapurna Sinha, Adv.
Mrs .Anju Kumari @ Anju Narain, Adv.
For the Respondent/s : Mr.Raj Kishore Roy (Gp18)
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
6 31-01-2026 The present civil miscellaneous application has been
filed against the order dated 20.05.2019 passed by the Civil
Judge (Jr. Division), I, Siwan in Title Suit No. 291 of 1996
whereby and whereunder the Court below has illegally and
erroneously rejected the plaintiff’s petitions dated 24.05.1997
and 06.08.2018 by which prayer for deleting/expunging the
names of the defendants-respondents nos. 1, 3 and 4 from the
plaint.
2. Learned counsel for the petitioner submits that Title
Suit No. 291 of 1996 was filed by the petitioner seeking a
declaration that the plaintiff has right, title, and interest over the
Patna High Court C.Misc. No.1262 of 2019(6) dt.31-01-2026
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suit property and that the defendants have no right or title
thereon, along with other ancillary reliefs. Learned counsel
further submits that during the course of trial, none of the
official defendants filed any written statement, nor did they
adduce any documentary or oral evidence. Per contra, the
plaintiff has already concluded his evidence. At present, the suit
is at the stage of arguments. It is further submitted that a
compromise petition has been filed between the plaintiff and
defendant–Siwan Municipality, a copy of which has been
brought on record as Annexure-1. Learned counsel also submits
that except Siwan Municipality, no other defendants have
entered into the said compromise, nor their consent is required
for the same.
3. In view of the aforesaid facts and circumstances,
the case is required to be disposed of on its own merits, on the
basis of the evidence available on the record.
4. Since the evidence on behalf of the
petitioner/plaintiff has already been concluded and the suit is
proceeding ex-parte against the other defendants, and further
considering that the suit has been pending consideration for the
last about 30 years, the learned Trial Court is directed to
expedite the trial and dispose of Title Suit No. 291 of 1996 in
Patna High Court C.Misc. No.1262 of 2019(6) dt.31-01-2026
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accordance with law within a period of two months from the
date of receipt of a copy of this order, after hearing both the
parties. Both parties are also directed to diligently cooperate in
the expeditious disposal of the suit.
5. With the aforesaid direction, the instant application
stands disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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