IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14000 of 2011 1. Anant Singh S/O Shri Ram Singh R/O Vill.-Barahaiya, Tola Shrikant Bahpur, P.S. Hathidah, Distt.-Patna. At Present At Rupasur Refinery Gate No.1, Barauni, Distt.-Begusarai. Versus 1. Shankar Singh S/O Late Rajendra Prasad Singh Permanent R/O Vill.- Sahopur, P.S.-Barauni (Out Post I.O.C.), Distt.-Begusarai. 2. Mostt. Pavitri Devi W/O Late Rajendra Prasad Singh R/O Vill.- Sahopur, P.S.-Barauni (Out Post I.C.C.), Distt.-Begusarai. 3. Ravindra Singh S/O Late Birendra Singh R/O Vill.-Bihat, Tola- Gurudaspur, P.S.-Barauni, Distt. Barauni. 4. Manoj Singh S/O Late Birendra Singh R/O Vill.-Bihat, Tola- Gurudaspur, P.S.-Barauni, Distt. Barauni. 5. Dropadi Devi W/O Late Birendra Singh R/O Vill.-Bihat, Tola- Gurudaspur, P.S.-Barauni, Distt. Barauni. 6. Heera Devi W/O Shri Ravindra Singh Permanent R/O Vill.-Bihat, Tola- Gurudaspur, P.S.-Barauni, Distt. Barauni. 7. Sita Ram Singh S/O Ganesh Singh Permanent R/O Vill.-Barhaiya, Tola-Dhawraj, P.S.-Hathidah, Distt. Lakhisarai. At Present R/O Gate No.1, Halna, I.O.C., Begusarai. 8. Deepak Singh S/O Upendra Singh Permanent R/O Vill.-Makerdohi, P.S.-Muffasil, Distt.-Begusarai. ---------------------------------- 02. 29.08.2011 Heard the learned Senior Counsel Mr. S.S. Dwivedi on behalf the plaintiff-petitioner. This application under Article 227 of the Constitution of India has been filed by the plaintiff-petitioner against the order dated 01.07.2011 passed by Sub-ordinate Judge-I, Begusarai in Title Suit No. 315 of 2009 whereby the learned court-below observed that at this stage no enquiry under Section 340 of the Cr.P.C. can be made. The learned Senior Counsel submitted that without giving opportunity to the plaintiff-petitioner to lead evidence in support of his case the court-below held that at this stage no enquiry can be made. According to the learned counsel at the argument stage the death certificate of defendant No.6 has been filed by the respondent and 2 therefore it was necessary that the plaintiff should has been given opportunity to adduce evidence in rebuttal thereof. From perusal of the impugned order it appears that the case of the petitioner is that the defendant No.6 is alive and traceless whereas the case of the defendant-respondent is that she has died and in support of their case the death certificate has been produced. The learned court-below found that when hearing is going on no enquiry under Section 340 of Cr.P.C. could be made. However, it appears that the said application has not been disposed of. In such view of the matter, it is open to the court-below to consider this application in the judgment itself and pass necessary orders according to law. In the support of his case under Section 340 Cr.P.C. the petitioner may file application or documents. With the above observation, this writ application is disposed of. Mkr/- (Mungeshwar Sahoo,J.)