Patna High Court - Orders
Jailal Sah vs Vidya Sagar Sukul & Ors on 18 May, 2013
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.592 of 2013
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1. Jailal Sah S/O Late Basawan Sah Resident Of Village Kanjahachak Tole
Saidanpur, P.S.- Lalganj, P.O.- Kanjahachak, District- Vaishali
.... .... Petitioner/s
Versus
1. Vidya Sagar Sukul S/O Rameshwar Sukul Resident Of Village-
Kanjahachak Tole Saidanpur, P.S.- Lalganj, P.O.- Kanjahachak, District-
Vaishali
2. Nageshwar Sah S/O Late Ramkaran Sah Resident Of Village-
Kanjahachak Tole Saidanpur, P.S. Lalganj, P.O.- Kanjahachak, District-
Vaishali
3. Most. Parwati Devi W/O Late Nagina Sah Resident Of Village-
Kanjahachak Tole Saidanpur, P.S. Lalganj, P.O.- Kanjahachak, District-
Vaishali
4. Chalitar Sah S/O Late Tildhari Sah Resident Of Village- Kanjahachak
Tole Saidanpur, P.S. Lalganj, P.O.- Kanjahachak, District- Vaishali
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur
For the Respondent/s : Mr.
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
2 18-01-2013Heard Counsel for the petitioner.
Learned counsel for the petitioner challenges the order dated 7.11.2012, passed by the Sub-Judge VII, Vaishali at Hajipur in Title Suit No. 152/2007 by which the Court has allowed certain documents to be marked as exhibits. It has been stated by the Court that these documents were earlier filed. It is also stated that they are 30 years old.
Learned counsel for the petitioner submits that these documents are not at all relevant for adjudication in this case 2 Patna High Court CWJC No.592 of 2013 (2) dt.18-01-2013 2/2 and that there are no pleadings by the defendant regarding these documents and as such they cannot be considered by the Court below.
The issues that have been raised by the plaintiff may be raised at the time of hearing of this case. The admission of the document does not reflect on the value of the document. This aspect of the matter would need to be examined by the Trial Court after considering the pleadings and the evidence of the parties. The petitioner would have the right to rebut the validity of the documents in question, to demonstrate that they are not at all relevant in the facts of this case.
This writ application is disposed of with the aforesaid observations.
(Sheema Ali Khan, J.) Sanjay/-