Gupteshwar Tiwary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14083 of 2010 ===========================================================
1. Gupteshwar Tiwary S/O Jamuna Tiwary R/O Vill.- Bharadhuan, P.O.+P.S.- Chenari, Distt.- Rohtas .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Circle Officer, Chenari Block, Chenari, Distt.- Rohtas
3. (i) Nursa Khatun wife of Late Abdul Hasan (ii) Md. Jubair Alam son of Late Abdul Hasan (iii) Munna Ali son of Late Abdul Hasan Residents of Vill.- Bharaduan, P.O.+P.S. Chenari, Distt. Rohtas .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Pandit For the State : Mr. Rajeev Kumar Sinha, AC to AAG 15 For the Pvt. Respondent: Mr Siddharth Harsh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 13-07-2015 The impugned order is dated 14.7.2010 passed by ADJ, FTC II, Rohtas at Sasaram, by which the prayer of the petitioner to mark five documents as exhibits has been rejected, which is under challenge.
Submission of the counsel for the petitioner does not cut much ice for the reason that this kind of discovery of documents, which was in his possession, is not a chance development. The appeal had already been argued and arguments closed and it was inching towards judgment. This is the reason after looking into the facts and exhibits as such the court below has rejected such prayer. For the reasons provided in the impugned order, the Court
Patna High Court CWJC No.14083 of 2010 dt.13-07-2015 2/2 is not inclined to interfere with the same because it is nothing but a tactics on behalf of the petitioner to drag a suit, which is already more than two and half decades old. Writ application, therefore, is dismissed.
The lower appellate court shall ensure delivery of judgment now without further delay on such issue. If any, lacunae arises in judgment it can always be taken at the next stage, if such prayer of the petitioner is not ill founded.
(Ajay Kumar Tripathi, J) sk U