IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9697 of 2011 Amar Nath Gupta Versus Kiran Devi & Ors ----------- 03. 05.07.2011 Heard the learned counsel for the petitioner. This writ application is directed against the order dated 24.03.2011 passed by Sub Judge V, Buxar in Title Suit No.8 of 2004 whereby the learned Court below has rejected an application filed by the petitioner under Section 151 C.P.C. for trying this present suit i.e. Title Suit No.8 of 2004 with Title Suit No.141 of 2002 on the ground that same questions are involved in both the suit and the petitioner is also party in the said suit. From perusal of the record, it appears that sister of the petitioner namely Kiran Devi filed Title Suit No.141 of 2002 for declaration that illegally the suit property has been recorded in the name of State of Bihar. In the said suit, the present petitioner is party. The present petitioner filed this Title Suit No.8 of 2004 praying that her title may be declared on the suit property. In the present suit, the State of Bihar is not party. Considering all the aspects of the matter, the learned Court below found that the questions involved in both the suits are different and that the prayer also is different. In the present case, the petitioner herself is disputing the title of her sister. Moreover, the learned - 2 - - 2 - Court below has exercised discretionary jurisdiction under Section 151 C.P.C. In view of the above facts and circumstances of the case, I am not inclined to interfere with the impugned order. Accordingly, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)