IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15224 of 2011 Basudeo Prasad S/O Late Ram Chandra Prasad Resident Mohalla-Laheria Tola, P.S.-Kotwali, District-Gaya. Versus 1. Gaurishankar Prasad S/O Late Ram Chandra Prasad Resident Of Mohalla-Nakhlotganj, Mirja Dost Mohammad Lane, P.S.-Kotwali, District-Gaya. 2. 2 (A) Chinta Devi W/O Late Sita Ram Prasad Resident Of Mohalla-Kabeer Bagh, P.S.-Kotwali, District-Gaya. 3. 2 (B) Shyam Sunder Prasad S/O Late Sita Ram Prasad Resident Of Mohalla-Kabeer Bagh, P.S.-Kotwali, District-Gaya. 4. 2 (C) Raj Kumar S/O Late Sita Ram Prasad Resident Of Mohalla- Kabeer Bagh, P.S.-Kotwali, District-Gaya. 5. 2 (D) Suraj Kumar S/O Late Sita Ram Prasad Resident Of Mohalla-Kabeer Bagh, P.S.-Kotwali, District-Gaya. 6. Rinkey Devi D/O Late Sita Ram Prasad Resident Of Mohalla- Kabeer Bagh, P.S.-Kotwali, District-Gaya. 7. Rukmini Devi W/O Keshwar Prasad And D/O Late Ram Chandar Prasad Resident Of Punpun Bazar, P.S.-Punpun, District-Patna. 8. Kusum Devi W/O Ram Chandar Prasad And D/O Late Ram Chandar Prasad Resident Of Mohalla-Makhlotganj, Mirja Dost Mohammad Lane, P.S.-Kotwali, District-Gaya. 9. Om Prakash @ Mintu Kumar S/O Late Jagdish Prasad Resident Of Mohalla-Subash Chauk, Inlane Besides Of Drug House Tungari, P.O. And P.S.-Chaibasa, District-Chaibasa (Jharkhand). 10. Dharam Veer Kumar S/O Late Jagdish Prasad Resident Of Mohalla-Subash Chauk, Inlane Besides Of Drug House Tungari, P.O. And P.S.-Chaibasa, District-Chaibasa (Jharkhand). ---------------------------------- 2 23.12.2011. Heard learned counsel for the petitioner and the respondents. The petitioner is aggrieved by order dated 15.7.2011, passed by the Sub judge VI, Gaya in Part. Suit no 51 of 2008/ 120 of 2008, whereby his application under Order 7 Rule 11(a) and Order I Rule 9 Code of Civil Procedure read with section 151 Code of Civil Procedure has been disposed. However, it has also been observed that the said petition shall be considered at the time of final hearing and judgment. 2 It appears that the parties have adduced evidence and petition for rejection of plaint has rightly been not allowed at the belated stage, as the petitioner could have filed this application earlier. This writ petition is disposed of with observation that the trial court would consider the instant issue with other issues at the time of hearing of the case, if the same has not already concluded. Shashi. (Samarendra Pratap Singh, J.)