IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5754 of 2009 RAM VRIKSH MUKHIA . Versus BHUPENDRA LAL DAS @DUKHAN DAS & ORS. ----------- 4/ 14/12/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for respondent No.1. The petitioner as the plaintiff instituted Election Petition No.6/06 questioning the election of respondent No.1 as the Member of the Panchayat Samiti. It was decreed ex parte by the Sub-judge-3, Supaul. Respondent No.1 filed Misc. Case No.10/07. The court below by the impugned order dated 4.12.2008 pending disposal of the application under Order-XIII, Rule-13 directed reinstatement of the respondent No.1 as the Member of the Panchayat Samiti virtually allowing not only the application under Order-XIII, Rule-13 but granted the final relief itself. Learned counsel for respondent No.1 finds it difficult to persuade this Court to uphold the correctness of the manner in which the trial court has proceeded to grant the relief without even adjudication of the Order- XIII, Rule-13 application which may or may not have been allowed on its merits. The order dated 4.12.2008 is accordingly set aside. - 2 - Learned counsel for respondent No.1 then submits that directions may be given to expedite disposal of Misc. Case No.10/07. Let the same be done expeditiously, preferably within a maximum period of 2 months from the date of receipt/presentation of a copy of this order when all issues including that of maintainability of an application under Order-XIII, Rule- 13 to a Suit under the Bihar Panchayat Raj Act shall remain open. The writ application stands allowed. KC ( Navin Sinha, J.)