Patna High CourtCWJC/6928/2015dismissed

Mahanth Vivekanand Sarswati Chela And ANR v. Baijnath Roy And ORS

2016-01-29Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court CWJC No.6928 of 2015 (2) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6928 of 2015 ======================================================

1. Mahanth Vivekanand Sarswati Chela of Late Mahanth Shardanand Sarswati.

2. Anirudh Giri Chela of Guru Mahanth Shardanand Sarswati. Both Resident of village- Math Mathauli Khas, Pargana- Kuadi, P.O. Uchkagaon, District- Gopalganj.

.... .... Petitioner/s

Versus

1. Baijnath Roy, Son of Late Maya Roy

2. Arbind Roy

3. Vivik Roy Both Sons of Late Madan Mohan Roy

4. Jagdish Roy

5. Vijay Roy Both sons of Late Jamuna Roy

6. Bali Ram Roy @ Nanhku Roy, son of Late Jamuna Roy All are Resident of village- Brahmein, Pragana-Kuadi, P.O. and P.S. Uchkagaon, DistrictGopalganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-01-2016 Heard, Mr. Kamla Prasad Rai, learned counsel appearing for the petitioners.

The plaintiffs-petitioners have challenged the order dated 07.04.2015 passed by the Sub-Judge-III, Gopalganj in T.S. No. 96 of 2013, whereby the court below held that the documents produced by the plaintiffs cannot be marked as exhibit on the ground that it is the case of the defendants that those documents were never registered and are actually forged and fabricated documents and held that the plaintiffs may call for the Register

Patna High Court CWJC No.6928 of 2015 (2) dt.29-01-2016 from the Registry Office and get the relevant documents marked exhibit in the case. Since the liberty has been given to the petitioners and Section 90 of the Indian Succession Act is only for the presumption of the court, I find no reason to interfere with the order passed by the court below. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U