Sudhir Kumar Singh Vs. the State of Bihar and anr

patna high court cr.misc. no.476 of 2011 (2) dt.25-01-2012 in the high court of judicature at patna criminal miscellaneous no.476 of 2011 ====================================================== sudhir kumar singh .... .... petitioner/s versus the state of bihar & anr .... .... opposite party/s ====================================================== appearance : for the petitioner/s : mr. for the opposite party/s : mr. ====================================================== coram: honourable mr. justice shivaji pandey oral order (per: honourable mr. justice shivaji pandey”25. 01-2012 heard learned counsel for the petitioner and learned counsel for the state. learned counsel for the petitioner has submitted that in a partition suit proceeding opposite party no.2 has filed a petition that nirmala devi died leaving behind her husband sachidanand singh and three sons and made a prayer that she may be replaced by her successors heirs whereas an application was filed by the petitioner under order 22 rule 4 of the code of civil procedure that nirmala devi did not file any written statement and as such her name should be deleted and exempted for bringing on record her legal heirs and her representative. the trial court has found the allegation to be true but refused to take appropriate action in the matter. he further submits that the trial court ought patna high court cr.misc. no.476 of 2011 (2) dt.25-01-2012 to have made an enquiry under section 340 of the indian penal code. issue notice to opposite party no.2 under ordinary process as well as registered cover with a/d for which requisites etc. must be filed within a period of one week, failing which this application as against him shall stand rejected without further reference to the bench. (shivaji pandey, j.) vinay/-