IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17369 of 2011 Sanjay Swarankar @ Sanjay Kumar Swarnkar Versus Pran Nath Sanan ---------------------------------- 2. 29.09.2011 Heard the learned counsel for the petitioner. This writ application has been filed by the tenant defendant against the order dated 15.7.2011 passed by Munsif – 2nd Bhagalpur in Title Suit No. 24 of 2009 whereby the court below rejected the application of the petitioner praying for recall of the order dated 15.12.2010 by which the court below held that the case cannot be referred to the authorities mentioned in Section 89 C.P.C. The learned counsel for the petitioner submitted that no opportunity was given to the petitioner. Section 89 C.P.C. enables the court to refer the dispute to the authorities mentioned in the said Section. It appears that in this case the suit for eviction has been filed on the ground of personal necessity. From perusal of the impugned order it appears that the court below found that the plaintiff is not agreeable for settlement. In such circumstances, the court had no jurisdiction to refer the matter to any authority referred in Section 89 for the resolution of the dispute. I therefore, find no reason to interfere with the impugned order. In my opinion, the order passed by the court below is within its jurisdiction. Accordingly, this writ application is dismissed. S.S. (Mungeshwar Sahoo,J.)