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Patna High Court

its Director Ratan Kumar GoelversusJitendra Narayan Singh,

Decided
Disposal
DISPOSED

Holding

The application is disposed, granting the petitioner liberty to approach the trial court for appropriate relief.

Summary

Veromika Tracon Pvt. Ltd., represented by its director, filed an application before the Patna High Court seeking relief because a partition suit (No. 112 of 2021) was proceeding ex parte against it, having been impleaded as defendant No. 11. The petitioner argued that the appropriate forum for redress was the trial court where the suit is pending. The court examined whether it could intervene or stay the ex parte proceedings. It held that the petitioner should approach the trial court directly for any relief. Consequently, the High Court disposed of the application, granting the petitioner liberty to file a suitable application before the trial court.

Issues considered

  • Whether the High Court can entertain the petitioner's application to intervene in an ex parte proceeding before the trial court
  • Whether the petitioner should approach the trial court for redress of his grievance

Subjects

  • ex parte proceedings
  • partition suit
  • jurisdiction
  • civil miscellaneous jurisdiction
  • application for relief

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CIVIL MISCELLANEOUS JURISDICTION No.1533 of 2025
                 ======================================================
                 Veromika Tracon Pvt. Ltd. through one of its Director Ratan Kumar Goel son
                 of Balmukund Goel, Resident of Sita Mansion, 2.5 Mile, Sevoke Road,
                 Siliguri, P.S. Siliguri, District Jalpaiguri (West Bengal)-734001.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    Jitendra Narayan Singh, son of Late Bashishtha Narayan Singh, Resident of
                 Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           2.    Sushila Singh @ Sushila Devi, wife of Late Raghvendra Narayan Singh,
                 Resident of Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           3.    Samrendra Kumar, son of Late Raghvendra Narayan Singh, Resident of
                 Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           4.    Nripendra Narayan Singh, son of Late Raghvendra Narayan Singh, Resident
                 of Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           5.    Harendra Kumar, son of Late Raghvendra Narayan Singh, Resident of
                 Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           6.    Amrendra Narayan Singh, son of Late Bashishtha Narayan Singh, Resident
                 of Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           7.    Rajeev Kumar, son of Amrendra Narayan Singh. Resident of Village Kashor,
                 P.O. and P.S. Warisnagar, District Samastipur.
           8.    Sanjeev Kumar, son of Amrendra Narayan Singh, Resident of Village
                 Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           9.    Ramendra Narayan Singh, son of Late Bashishtha Narayan Singh, Resident
                 of Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           10. Satyendra Narayan Singh, son of Late Bashishtha Narayan Singh, Resident
               of Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           11. Awanindra Narayan Singh, son of Late Bashishtha Narayan Singh, Resident
               of Village Kashor, P.O. and P.S. Warisnagar, District Samastipur.
           12. Tshering Prema Bhutia, District Sub-Registrar, Office of D.S.R. Jalpaiguri,
               District Silliguri, West Bengal-735101.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Jitendra Kishore Verma
                                                Mr. Alok Kumar Agarwal
                                                Mr. Rahukl Kumar
                 For the Respondent/s   :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   06-01-2026                   At the outset, learned counsel for the petitioner
          Patna High Court C.Misc. No.1533 of 2025(2) dt.06-01-2026
                                                       2/2




                    submits that he intends to approach the Trial Court for redressal

                    of his grievance, inasmuch as the case is proceeding ex parte

                    against him before the Trial Court and he has been impleaded as

                    defendant no. 11 in Partition Suit No. 112 of 2021.

                                 2. In view of the aforesaid submission, the instant

                    application stands disposed of, granting liberty to the petitioner

                    to file an appropriate application before the Trial Court for

                    redressal of his grievance.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U


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