Patna High Court - Orders
Abdul Rashid, vs Iftakhar Hussain @ Dablu, on 28 November, 2019
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1651 of 2019
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Abdul Rashid,
... ... Appellant/s
Versus
Iftakhar Hussain @ Dablu and others
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Chandra Kant
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 28-11-2019It is submitted that the learned court below has acted in illegal exercise of jurisdiction in allowing the certified copy of the sale deed dated 05.05.1950 to be brought on record and marked as exhibit, which is contrary to Sections 63, 65 and 74 of the Indian Evidence Act inasmuch as in the facts and circumstances of the case, such document did not constitute a public document.
2. Issue notice to the respondents, for which requisites etc., under registered cover with A/D as well as ordinary process must be filed within a week, failing which this application shall stand rejected without further reference to the Bench.
3. If the order is complied within the stipulated time, let this matter be posted on 09.01.2020.
4. Till further orders, further proceeding in Title Suit No. 510 of 2016 pending in the court of learned Sub-Judge-I, Siwan shall remain stayed.
(Vikash Jain, J) HR/-
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