Ramji Prasad Gupta v. Hankar Prasad Gupta And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14102 of 2013 ===========================================================

1. Ramji Prasad Gupta Alias Ramji Prasad S/O Late Kapoor Chand Ram Resident Of Town - Farbesganj, P.S. - Farbesganj, Dist. - Araria

2. Shivji Prasad Gupta Alias Shivji Prasad S/O Late Kapoor Chand Ram Resident Of Town - Farbesganj, P.S. - Farbesganj, Dist. - Araria

3. Triloki Nath Gupta Alias Trilokinath Prasad S/O Late Kapoor Chand Ram Resident Of Town - Farbesganj, P.S. - Farbesganj, Dist. - Araria .... .... Petitioner/s

Versus

1. Shankar Prasad Gupta S/O Late Lallan Prasad Gupta Resident Of Town - Farbesganj, P.S. - Farbesganj, Dist. - Araria

2. Lallan Prasad Gupta S/O Late Kapoor Chand Ram Resident Of Town - Farbesganj, P.S. - Farbesganj, Dist. - Araria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SUSHANTA KUMAR DAS, Adv For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 28-11-2016 Heard Mr. Sushanta Kumar Das, learned counsel for the petitioners.

The plaintiffs-petitioners are the petitioners in this application under Article 227 of the Constitution of India and have questioned the legal acceptability of the impugned order by which the appellate court below has allowed the prayer on behalf of the defendant-appellants for adducing two documents i.e. Register-2

Patna High Court CWJC No.14102 of 2013 dt.28-11-2016 and Zamindar's return as additional evidence. Mr. Das, learned counsel for the petitioners has submitted that the appellate court below has not disclosed the reasons as to why the court requires those documents in appeal. It has been further contended that the defendant-appellants should not have been allowed to adduce any additional evidence after lapse of a period of nearly 40 years from the date of filing of the suit and the purpose is only to delay the disposal of the appeal. Learned counsel for the petitioners has also submitted that those documents to be adduced in additional evidence are forged and fabricated.

After considering the submissions and perusal of the materials on record as well as the impugned order, it is manifest that after taking notice of the facts and circumstances of the case, the appellate court below has come to the conclusion that the documents sought to be adduced by way of additional evidence are required for just decision. This Court has not been persuaded to come to the conclusion that the discretion exercised by the appellate court below is arbitrary and perverse in any manner. The submission with regard to the nature of the two documents being forged and fabricated are still to be raised by the petitioners and considered by the appellate court below.

Patna High Court CWJC No.14102 of 2013 dt.28-11-2016 interefere with the impugned order.

The application is, accordingly, dismissed.

The appellate court below is directed to expeditiously dispose of the appeal.

(V. Nath, J) Ranjan/- U