IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4279 of 2005 Ram Kumari Devi wife of late Sita Ram Sah, resident of Mohalla Hathsarganj, Police Station Hajipur, Town, District Vaishali .. … Petitioner Versus 1. The State Of Bihar, 2. Asha Devi wife of Jai Chand Prasad, resident of village Chhutikiya Bazar, Patnacity, Police Station Malsalami, District Patna, 3. Hari Shankar Sah, 4. Hari Nath Sah, 5. Bhola Nath Sah, 6. Basant Narayan, All sons of late Sita Ram Sah, 7. Prem Lata Devi, 8. Sangeeta Devi, 9. Pratima Devi, 10. Punam Devi, 11. Manorma Kumari, All daughters of late Sita Ram Sah, all residents of Mohalla Hathsarganj, Police Station Hajipur, Town Hajipur, District Vaishali… … .. Respondents For the Petitioner: Mr. N.C. Varma, Advocate For the Respondents: Mr. Arjun Prasad and Mr. Najmul Hoda, Advocates ----------- 2 21.07.2011 Heard learned counsel for the petitioner and the respondents. Petitioner seeks quashing of the order dated 22.03.2005 passed by the 6th Additional District Judge, Vaishali at Hajipur in Title Appeal No. 6 of 2001, whereby his prayer for examination and comparison of the LTI of one Sahdeo Sah, i.e. upon a deed of gift and one 2 memorandum of partition by any expert and thereafter taking his report as an additional evidence has been refused by the appellate court on the ground that the controversy was well known to the parties at the stage of trial, however, there has been no effort on their behalf at that stage to get the controversy settled by getting the LTI examined by some expert. The respondent (petitioner herein), who is now disputing the LTI put on memorandum of partition, did never approach the trial court for such purpose, thus, has failed to make out a case under Order XLI Rule 27 of the Code of Civil Procedure. Even before this Court also, learned counsel for the petitioner could not make out any case or point out any illegality in the order passed by the appellate court. As a result, I find no merit in this writ application and as such, the same is dismissed. SC ( Dr. Ravi Ranjan, J.)