IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15987 of 2011 Urmila Devi Versus The State Of Bihar & Ors ---------------------------------- 02. 19.09.2011. Heard the learned counsel for the petitioner. This writ application has been filed by the defendant no.4 for quashing the second written statement filed by the defendant no.1. According to the learned counsel, he filed the application before the Court below on 18.02.2010 for rejecting the second written statement filed by the defendant no.1 but the learned Court below is not passing any order still today. From perusal of the ordersheet annexed by the petitioner as Annexure-4 to this writ application, it appears that after hearing the parties, the learned Court below by terms of order dated 18.05.2011 directed that enquiry is necessary in this case and, therefore, directed to register this application as separate Miscellaneous case. It may be mentioned here that the plaintiff is not challenging the second written statement. The defendant no.4 filed this writ application praying for quashing the second written statement filed by defendant no.1. Since on the application filed by the petitioner dated 18.02.2010 and the reply to the said application filed by the plaintiff, the learned Court below found that enquiry is necessary in 2 the case and, therefore, directed to register the case as Miscellaneous case, in my opinion, at this stage, the prayer of the petitioner cannot be entertained in supervisory jurisdiction under Article 227 of the Constitution of India particularly when the matter is subjudiced before the Court below. Accordingly, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)