Ram Adhin Paswan v. Bidya Sagar Jha And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1505 of 2016 ====================================================== Ram Adhin Paswan .... .... Appellant/s

Versus

Bidya Sagar Jha & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sunil Kumar Karn For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner.

Perused the impugned order dated 21.09.2016 passed by Subordinate Judge-I, Biraul, Darbhanga in Title Suit No.17 of 1990 whereby the court below rejected the application filed by the plaintiff-petitioner seeking permission to produce a zamindari rent receipt of 1338 fassli.

It appears that arguments of both the parties have been concluded and the case was fixed for judgment. The suit has been filed for declaration of title and confirmation of possession. For deciding the question regarding title and possession the rent receipt is not relevant document particularly when in the present case after hearing the case is fixed for judgment and, therefore, the learned court below has rightly rejected the application, as such the same cannot be interfered with in exercise of supervisory

Patna High Court C.Misc. No.1505 of 2016 (2) dt.22-12-2016 jurisdiction.

Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U