Kalyani Devi v. Md. Akhter And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.391 of 2016 ====================================================== Kalyani Devi .... .... Appellant/s

Versus

Md. Akhter & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ravindra Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-02-2017 1.

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2.

It appears that the relevant documents, i.e., sale deed and the rent receipt which now the petitioner is praying to mark the same had already been marked as ext. 'D/2' and 'A/2'. So far other document, i.e., order passed by LRDC in mutation proceeding, amendment and other rent receipts are concerned, those documents are not relevant for deciding the question of title involved between the parties for decision in the suit. Moreover the suit is at the stage of argument.

3.

Thus, I find no reason to interfere with the impugned order passed by the Court below dated 10.05.2016 passed by learned Munsif II, Gaya in Title Suit No.145 of 1998 whereby the application filed by the petitioner for permission to adduce

Patna High Court C.Misc. No.391 of 2016 (3) dt.06-02-2017 2/2 documentary evidences and if being examined as witnesses has been rejected.

4.

It may be mentioned here that the defendant petitioner had filed joint written statement along with defendant No.3 and defendant No.3 has already been examined as witnesses. 5.

Thus, this Civil Misc. application is dismissed. (Mungeshwar Sahoo, J) Sanjeev/- U T