Ranjit Kumar Jha And ORS v. Mungia Devi And ORS

Patna High Court CWJC No.5095 of 2015 (3) dt.30-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5095 of 2015 ====================================================== Ranjit Kumar Jha & Ors .... .... Petitioner/s

Versus

Mungia Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-03-2016 Heard the learned counsel for the petitioners on I.A. No.2496 of 2016.

This application has been filed for amendment of the main writ application.

Prayer is allowed and this I.A. stands allowed. Heard the learned counsel, Mr. Pramod Mishra for the petitioners.

By the order dated 27.01.2015, the learned Munsif, Saharsa has allowed the application filed by the defendantsrespondents for marking some documents in Title Suit No.68 of 1997, awarding cost of Rs.600, recording finding that the documents are essential for just decision of the suit. In view of the decision of the Supreme Court reported in (2011) 11 Supreme Court Cases 275, the Court has the jurisdiction to admit the documents in evidence even at the time of

Patna High Court CWJC No.5095 of 2015 (3) dt.30-03-2016 argument or conclusion of the argument of the case. Therefore, there is no jurisdictional error and it cannot be said that the Court below passed the order in the manner not permitted by law and since the documents have only been admitted in evidence, no question of prejudice to the petitioner arises.

The petitioner is at liberty to raise all these questions about the relevancy or admissibility or reliability of the evidence at the time of final hearing of the suit. Thus, no case for interference in supervisory jurisdiction is made out. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T