IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1808 of 2011 NIZAMUDDIN MIAN Versus MUSMAT SONIA DEVI & ORS ----------- 3 09.05.2011 Upon hearing the learned counsel for the petitioner and going through the impugned order, this court holds that the trial court ought not to have rejected the application in the manner it has been rejected without deciding the pint of void or voidable. Therefore the trial court is directed to decide the application of the petitioner afresh on the issue as to whether the document is void or voidable. If the document is void then suit may be dismissed referring the matter to the consolidation court and if it is voidable then the court shall proceed with the suit and the application of the petitioner shall be decided afresh by giving opportunity to both the parties. In the light of observation made above, the petition is disposed of. Ravi/- ( Prakash Chandra Verma, j.)