IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1503 of 2006 CHANDRA KISHORE MISHRA Versus SRI BIHARI SINGH & ORS ----------- 3 04.12.2008 In the opinion of this Court, effort of the defendant- petitioner in delaying the disposal of the suit is worth condemnation. A suit of the year, 1993 is awaiting disposal and the defendant- petitioner has been time and again only filing application questioning the maintainability of the suit on different grounds. All such applications have been repeatedly rejected by the Court below and yet the petitioner does not have any inhibition in moving this Court for the same relief. The Court below in the impugned order has gone at length into the issue and has rightly come to the conclusion that two out of four issues should have been raised before framing of the issues whereas remaining two being on mixed question of fact and law, could have only gone into while considering all other issues in course of hearing of the suit for its being decided in a compact manner while delivery the judgment in the suit. That being so, this Court does not find any jurisdictional error in such approach of the Court below recorded in the impugned order and accordingly, this Civil Revision application being wholly misconceived is dismissed with a direction to the Court below that the fifteen year old suit of the year 1993 must be disposed of within a period of three months from the date of receipt/production of a copy of this order. Bibhash (Mihir Kumar Jha, J.) - 2 -