IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.992 of 2008 SUBODH KUMAR SHARMA Versus RAM PUKAR JHA & ORS ----------- 2 14/7/2008 Heard counsel for the petitioner. Counsel for the petitioner submits that as a matter of fact at no point of time question of jurisdiction was raised by the defendant no.3 and in fact the court below has committed an error of record in proceeding with the assumption that there was any issue for determination of question of jurisdiction of the Court. From the order dated 26.7.2007 as also the impugned order dated 12.5.2008 it is clear that the court below has merely recorded that the court has not yet decided the question of jurisdiction and therefore there is no justification in recalling the said order. In the opinion of this Court, neither the order dated 26.7.2007 nor the impugned order dated 12.5.2008 has decided any issue of jurisdiction and if the petitioner is so sanguine and correct that actually the Court below has jurisdiction, it would always be open for the petitioner to 2 answer this question at an appropriate stage when this Court below would proceed to consider and decide the said issue relating to its jurisdiction. The grievance of the petitioner, therefore, seems to be wholly premature and misconceived and accordingly this application is disposed of without any interference in the impugned order. ( Mihir Kumar Jha, J. ) Abhay Kumar