IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2355 of 2006 RAJ NARAYAN Versus MAMTA DEVI ----------- 2 14/8/2008 In the opinion of this Court the impugned order dated 18.10.2006 refusing to exercise power under order XV Rule 1 of the Code of Civil Procedure while rejecting the prayer of the petitioner, cannot be said to be vitiated on account of any material irregularity or jurisdictional error, in as much as, the court below on reading of written statement filed by the respondent-opposite party has recorded a specific finding that she had never admitted the claim of the petitioner. To that extent even the petitioner has not tried to dispute the finding of the fact recorded in the impugned order by questioning the order on the ground of any error of record and therefore this Court would not find any merit in this application and the same is accordingly hereby dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar