IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1874 of 2006 SHATRUGHAN PRASAD PANDEY, Son of Late Ram Bilas Pandey, R/o village Babu Barahi, P.S. Babu Barahi, District – Madhubani …. Petitioner Versus 1. SMT.SITA DEVI, wife of Sri Gouri Shankar Prasad, 2. Gauri Shankar Praad Both residents of village Babu Barahi, P.S. Babu Barahi, District – Madhubani …. Opp. Parties For the petitioner: Mr. Sanjiv Jaiswal, Advocate For O.P. No. 1 : Mr. H.K.Thakur, Advocate ----- 5 16.11.2009 Heard learned counsel for the petitioner and O.P. No. 1. Petitioner files supplementary affidavit appending written statement filed in Title Mortgage Suit No. 23 of 2001. This civil revision is directed against the order dated 25.7.2006 passed by Munsif IInd, Madhubani in Title Mortgage Suit No. 23 of 2001, whereby a petition filed under Order XII, Rule 6 on behalf of the plaintiff – petitioner has been dismissed. It is submitted on behalf of the petitioner that as per the admission in the written statement the Court below ought to have decided the suit on that basis alone in view - 2 - of the provisions as contained in Order XII, Rule 6. It is submitted that O.P. No. 1 has accepted the claim of the petitioner in his written statement. Learned counsel for O.P. No. 1 submitted that the pleading on behalf of the parties have to be appreciated in its entirety and not in part. From the pleading of O.P. No. 1 it would be manifest that her case is that the land in question was purchased by her husband in her name, thus, the claim of the petitioner regarding mortgage of the property has not been accepted by her. The Trial Court upon hearing the parties has held that both the Title Mortgage Suit Nos. 22 of 2001 and 23 of 2001 are being heard analogous under the order of this Court and there is no clear admission on part of the defendant on the allegation made in the plaint. Thus, has rejected the prayer of the plaintiff – petitioner. I do not find any jurisdictional error in the impugned order dated 25.7.2006. This civil revision is accordingly dismissed. Spd/- (Dr. Ravi Ranjan, J.)