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Patna High CourtC.Misc./540/2020disposed

Chandrika Prasad Singh @ C P Singh v. Bharat Rai

2022-02-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.540 of 2020 ====================================================== Chandrika Prasad Singh @ C P Singh S/o Harbans Rai R/o Village- Manas, P.S.- Akilpur, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

Bharat Rai 2.

Jagdish Rai Both s/o Late Ragunath Rai, R/o Mauja Bakerpur, P.o. and P.S.- Akilpur, Dist.- saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Respondent/s :

Mr.Dhananjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

The learned counsel for the petitioner has submitted that in Title Suit No.939 of 2013 his basis of claim is the adoption deed in favour of one Pramod Kumar Singh executed by Jagat Narayan Singh. He has submitted that the deed of adoption is essential to be marked as exhibit for adjudication of the suit.

Learned counsel for the respondents has submitted that ample opportunities have already been provided to the petitioner for filing the adoption deed and the impugned order dated 11.02.2020 itself shows that the learned trial court has rejected the petition, mentioning therein that the petition for

Patna High Court C.Misc. No.540 of 2020(4) dt.24-02-2022 2/2 making the document exhibited should have been filed on the earlier opportunities.

Considering the fact that for just and proper adjudication of the matter in issue the adoption deed is essential to be marked, as such, the learned trial court is directed to get it be exhibited but at the same time due to delay the ample time has been consumed due to laxity of the defendant. He shall have to pay a cost of Rs.2000/- to the plaintiff. The petitioner is directed to file the adoption deed within a period of one month. The learned trial court is also directed to expedite the case. With these observations, this civil miscellaneous petition is being disposed of.

(Nawneet Kumar Pandey , J) Prakash Narayan /- U