Bhola Prasad and others vs Sitaram Mahto and others

S. Shamsul Hasan, J.—This application is directed against the impugned order dated 5-5-1981 by which the suit has been abated.The relief sought for in the plaint, a copy of which was placed before me, is as follow : --

From this it is clear that the deed itself is sought to be set aside and to be declared void. Applying the principles laid down in Gorakh Nath Vs. Hari Narain Singh (A.I.R. 1973 Supreme Court, 2451), I hold that the suit could not have been abated.

My own decision in Chhote Gope and others Versus Kali Gope (1983 B.B.C.J., 124)]1 was brought to my notice particularly the remark of the Editor that this decision appears to be in conflict with the decision reported in 1982 B.B.C.J. 114] of the Patna High Court. I may say with regret that the Editor has not cared to carefully examine the Patna decision in relation to the Supreme Court decision cited above. Secondly, I have based my decision on a Supreme Court decision, which takes precedence above all decisions of this Court.In the result, the application is allowed and the impugned order is set aside. The court below is hereby directed to try the suit. Let the lower court records be sent down immediately.