IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.7 of 2009 BHOLA PATHAK Versus HARISH CHANDRA TIWARY & ORS ----------- 2 15.01.2009 Heard counsel for the petitioner. In the opinion of this Court, when defendant- petitioner for the first time had introduced the story of Mostt. Sugawati Kuer to be the wife of one Soni Tiwary, as is clear from paragraph No. 8 of the written statement, if the plaintiffs-opposite parties had sought to deny this fact by adducing the evidence, even through the sale deed and if the same has been taken on record by way of evidence that by itself will not lead to an error much less jurisdictional error so as to be interfered by this Court under Section 115 of the Code of Civil Procedure. That being so, there is no merit in this application and accordingly, this Civil Revision application is dismissed. Bibhash (Mihir Kumar Jha, J.)