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Patna High Court - Orders

Most. Sunaina Devi vs Naina Devi & Ors on 8 May, 2014

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

      Patna High Court CWJC No.17642 of 2013 (2) dt.08-05-2014
                                                1




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.17642 of 2013
                  ======================================================
                  Most. Sunaina Devi
                                                                        .... .... Petitioner/s
                                                     Versus
                  Naina Devi & Ors
                                                                       .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   Mr. Pramod Kumar Pandey
                  For the Respondent/s       : Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
                  SAHOO
                  ORAL ORDER

2   08-05-2014

The learned counsel for the petitioner submitted that the documents which the plaintiff wants to exhibit in the suit was not in her custody. Subsequently, anyhow she procured the documents and filed the application for exhibiting the said documents but the court below only on the ground that if the documents are allowed to be exhibited at this stage, the defendant may also pray for opportunity to rebut the same, has rejected the application without considering the fact as to whether the said documents are relevant and necessary for the determination of the real controversy between the parties.

Issue notice to the respondents in admission matter. The petitioner shall file the necessary requisites in ordinary process as well as registered post both within one week after Summer Vacation. Peremptory.

In the meantime, further proceeding in Partition Suit Patna High Court CWJC No.17642 of 2013 (2) dt.08-05-2014 2 No.266 of 2006 pending in the Court of Sub Judge IV, Motihari shall remain stayed.

(Mungeshwar Sahoo, J) Saurabh/-