Ati Ur Rahman @ Md. Ati Ur Rahman v. Md. Belal Sohail

Patna High Court C.Misc. No.302 of 2016 (3) dt.28-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.302 of 2016 ====================================================== Ati Ur Rahman @ Md. Ati Ur Rahman .... .... Appellant/s

Versus

Md. Belal Sohail .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-09-2016 Heard learned counsel, Mr. Ajay Kumar Singh, appearing for the petitioner and learned counsel, Mr. Khatim Raza, appearing for the respondent.

2.

Perused the order dated 19.04.2016 passed by the Munsif-II, Bhagalpur in Title Eviction Suit No. 29 of 2011, whereby the court below has refused to mark the document sought to be produced by the defendant-petitioner on the ground that the document cannot be received unless the contents thereof is accepted.

3.

It may be mentioned here that receiving of the document in evidence is another matter and relevancy or otherwise of the document is another matter. Merely because the document is received in evidence, it does not mean that the document has to be treated as a genuine document. The genuineness and relevancy have to be considered along with other evidences at proper stage.

Patna High Court C.Misc. No.302 of 2016 (3) dt.28-09-2016 Reference may be made to the decision of this Court reported in 2002 (2) PLJR 772.

4.

The court below refused to mark the document on the ground that it is not verified. In my opinion, therefore, the court below has refused to exercise the jurisdiction vested in it by law. Relevancy or otherwise of the document or reliability of the same would have been considered finally at the time of argument or judgment of the case. Since the respondent is objecting to its marking as exhibit, the documents would have been marked as exhibit with objection.

5.

In the result, this civil miscellaneous application is allowed. The application filed by the petitioner stands allowed. The document sought to be marked as exhibit is directed to be marked as exhibit with objection.

6.

Interim stay, if any, is vacated.

Brajesh/- (Mungeshwar Sahoo, J) U