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1 - 2 of 2 (0.18 seconds)B. Mahabir Singh And Anr. vs B. Sheo Shankar Singh And Ors. on 21 March, 1934
The learned trial
court disposed of the petition with observation that in view of
order dated 17.04.2012 defence has already been struck off and
further held that there was no merit in the petition filed by the
defendant. Learned counsel further submits that the defendant/
petitioner was under impression that the suit was at the stage of
his evidence and he will be given opportunity to adduce since
the order striking of his defence was reversed by this Court in
C.W.J.C. No. 23099 of 2012 and the matter has been coming up
for producing orders in C.W.J.C. No. 19938 of 2016 and under
this impression, the defendant could not produce his witnesses.
Learned counsel further submits that the impugned order is
Patna High Court C.Misc. No.1245 of 2017 dt.07-05-2024
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against the ratio of decision of this Court rendered in the case of
Mahabir Ram Vs. Sheo Shnakar Prasad & Ors. reported in
1968 PLJR 75, para 17 and the defendant should have been
allowed to cross-examine the witnesses of the plaintiffs on the
point of title if the defendant disputes the title of the plaintiff or
adducing his own evidence on this issue.
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