Nanhu Prasad @ Nanhu Yadav And ORS v. Anita Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1196 of 2018 1.

Nanhu Prasad @ Nanhu Yadav Son of late Nandlal Rai 2.

Prasuram Rai 3.

Sri Ram 4.

Hare Ram all 2 to 4 are Sons of Nanhu Rai all Residents of Village- Ram Nagar, Chhabish Tola, Post- Satbhaiya, P.S. Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

1.

Anita Devi Daughter of Ram Dev Rai and Wife of Rakesh Rai Resident of Village Kazichak, P.S. Barh, Distt. Patna.

2.

Sunita Devi Daughter of Ram dev Rai and Wife of Naval Kishor Rai Resident of Village Mile, Ghughariya, Near Police Station, P.S. Ghughariya, Bidupur, Distt. Patna.

3.

Shiv Kumar Rai Son of Ran Dev Rai 4.

Shiv Shankar Rai Son of Ram Dev Rai 5.

Suresh Rai Son of Ram Babu Rai Resident of Mahuli, P.S. Patna City, PostMurchapur, Distt. Patna. 6.

Kaushlya Devi Wife of late Bal Dev Rai 7.

Most. Sunaina Devi Widow of late Raj Kishor Rai 8.

Maya Devi Daughter of late Ram Chandra Rai 9.

Most Nirmala Devi Widow of late Joginder Rai 10.

Jitendra Rai Son of late Ram Chandra Rai 11.

Mahesh Rai Son of Joginder Rai 12.

Subodh Rai 13.

Rupesh Rai Both Sons of Jitendra Rai 14.

Sunil Rai, Major 15.

Dinesh Rai, Minor 16.

Ramesh Rai, Minor 17.

Sunita , Major 18.

Anita, Major 19.

Premshila , Minor 20.

Dharmshila , Minor 21.

Babita Minor all (14 to 21). are Sons/Daughters of late Raj Kishore Rai and Minors are under natural Guardianships o 22.

Most. Parwati Widow of late Jamun Rai Resident of Village Champapur Dadaur, Post Ghoswari, P.S. Bakhtiyarpur, Distt. Nalanda. 23.

Shrimati Runnia Devi Wife of Lalan Resident of village/ P.S. Parwalpur,

2/5 Distt. Nalanda.

24.

Fekni Devi, Minor Daughter of late Jamun Rai Resident of Village Champapur Dadaur, Post Ghoswari, P.S. Bakhtiyarpur, Distt. Nalanda under the guardianship of mother Parwati Devi.

25.

Pariya Devi Daughter of late Udit Rai 26.

Devendra Rai Son of late Jamun Rai 27.

Surendra Rai Son of late Jamun Rai 28.

Maho Rai 29.

Jai Prakash Rai 30.

Mukesh Rai all (28 to 30) are Sons of Devendra Rai 31.

Ganesh Rai Son of Surendra Rai 32.

Most. Rajbiya Devi Widow of late Bramhdev Rai 33.

Leela Devi Widow of Balram Rai & daughter of Bramhdev Rai 34.

Sita Devi Daughter of Ramdhani Rai 35.

Ravinder Rai,Minor 36.

Raghuwansh,Minor 37.

Papu , Minor all (35 to 37) are Sons of late Bramhadev Rai All Residents of Mauza- Ram Nagar, Ghoshwari Tok, Post- Champapur Ghoshwari, P.S. Bakhtiyarpur, District- Patna.

38.

Nageshwar Rai 39.

Nagendra Rai Both Sons of late Jaddu Rai Residents of Rampur, P.S. Raghopur, Distt.- Vaishali.

40.

Uma Devi, of Newasi Rai Resident of Bikrampur, Distt. Patna. 41.

Sharda Devi Wife of Hukum Rai Resident of Ram Nagbar, Sat Bhaiya P.S. Bakhtiyarpur, District- Patna.

42.

Sushila Devi Wife of Brijnandan Rai Resident of Rustampur, P.S. Raghopur, Distt. Vaishali.

43.

Munni Devi 44.

Kiran Devi Both are daughter of late Jainandan Rai 45.

Brijnandan Rai son of Ram Sagar Rai 46.

Sanjay REai 47.

Ajay Rai Both Sons late Jainandan Rai 48.

Bittu Son of Brij Nandan Rai All residents of Mauza - Saidpur, Tola/PostNarauli, P.S. Bakhtiyarpur, District- Patna. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr. Sidhendra Narayan Singh, Advocate Mr. Kumar Lalit, Advocate For the Respondent/s :

Mr. Amit Bhushan, Advocate with Mr. Sri Krishna Ranjan, Advocate

3/5 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-04-2023 Heard learned counsel for the parties.

2. This Civil Miscellaneous Application has been filed on behalf of plaintiffs / petitioners against the order dated 05.04.2018 passed by learned Sub-Judge- I, Barh in Title Suit No. 56 of 1989 whereby the learned trial Court rejected the petition dated 11.07.2016 of the petitioner for exhibiting the certified copy of the order of Circle Officer, Bakhtiyarpur in evidence.

3. Petitioners are plaintiffs who have filed the suit for partition of the suit property.

4. Learned counsel for the petitioners submits that the petitioners have filed a petition dated 11.07.2016 before the trial court with a prayer to exhibit the certified copy of the order of the Circle Officer, Bakhtiyarpur, which had already been filed by the plaintiffs on the record.

5. It is further submitted that on application of the petitioners the then Circle Officer in order dated 26.08.1988 had observed that the case is of civil nature and the petitioners may take steps for filing the suit in the Civil Court. The plaintiffs to prove the said fact stated in the plaint prayed to exhibit the said order in the evidence. He has also submitted that the said

4/5 document is a public document which is necessary for arriving at a just decision in the suit and genuineness of the documents would be seen in final stage.

6. The learned counsel for the respondents submits that it appears that the said order seems to be a forged and fabricated document as the same has not been available in the concerned C.O. office and there are discrepancies in the same However, he has conceded that the said document may be exhibited by the plaintiff with objection of the respondent on the said document.

7. Learned counsel for both the parties submit that this case may be disposed of by allowing the petitioners to exhibit the said document in the trial court in accordance with law with objection on behalf of the defendants.

8. Having heard the learned counsel for the parties and perused the materials on record and also the impugned order, it appears that learned trial court rejected the said application of the plaintiff observing that the same cannot be entered into the evidence in the present case.

9. Considering the submission of the learned counsel for the respondents that he has no objection that the said document may be exhibited in accordance with law with the

5/5 objection of the defendants and on the consent of learned counsel for the parties this Civil Miscellaneous Application is disposed of. In the interest of justice the impugned order dated 05.04.2018 is set aside and the said certified copy of the said order dated 26.08.1988 of Circle Officer is allowed to be exhibited in accordance with law with objection of the defendants with respect to genuineness of the document.

10. The stay granted on pronouncing the judgment of Title Suit No. 56 / 1989 is vacated.

11. The present Suit is very old Suit of the year 1989 and earlier also direction was issued to dispose of the case within specified period but unfortunately the same has not been done. The learned trial court is directed to expedite the disposal of the suit and both the parties are also directed to cooperate the trial court in early disposal of this old suit. The trial court is also directed to fix the hearing on day to day basis without giving any unnecessary adjournment in this case.

12. The office is directed to send this order to the trial court through fax / email also.

(Sunil Dutta Mishra, J) shweta/- U