Bodha Sahni v. Jata Shankar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.163 of 2018 ====================================================== Bodha Sahni, Son of Late Deo Narayan Sahni, Resident of VillageJagdishpur, Malahi Tola, P.O. + P.S. Jagdishpur Anchal Nautan, District- West Champaran.

... ... Appellant/s

Versus

1. Jata Shankar Singh, Son of Late Ram Sewak Singh, Resident of VillageJagdishpur, P.O. + Police Station- Jagdishpur, District- West Champaran.

2. The State of Bihar through Collector, West Champaran.

3. The Anchal Adhikari Nautan, At P.O. + P.S. Nautan, District- West Champaran.

4. Mateshari Kuar Widow of late Deo Narayan Sahni.

5. Barud Sahni, Son of late Deo Narayan Sahni.

6. Janak Sahni, Son of late Deo Narayan Sahni.

7. Gaudi Devi, D/o Late Deo Narayan Sahni Wife of Gorakh Sahni.

8. Ramayan Sahni.

9. Lalan Sahni, Both sons of Late Moti Sahni.

10. Most. Jaswa, Widow of Late Jiut Sahni, All 4 to 10 resident of VillageJagdishpur, Malahi Tola, P.O. + P.S.- Jagdishpur, Anchal Nautan DistrictWest Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ram Kishun Prasad For the Respondent/s :

Mr. S.C. Yadav-Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date : 25-08-2018 Heard learned counsel for the petitioner, learned counsel for the respondents including the State.

2. The petitioner has filed this civil miscellaneous petition against the order dated 06.11.2017, passed by learned SubJudge, VI, West Champaran, Bettiah by which the learned SubJudge allowed the petition of the plaintiff for bringing on record

Patna High Court C.Misc. No.163 of 2018 dt.25-08-2018 2/2 the deed of cancellation dated 20.10.1997 and marked it as exhibit for evidence. The petitioner is the defendant- 2nd set.

3. The learned counsel for the petitioner submits that both the sides have already closed their evidence and the suit is fixed for argument but at a very belated stage, the plaintiff filed a petition for bringing the deed of cancellation as evidence and the same was allowed.

4. I do not find any illegality or jurisdictional error in the order since the court has rightly found that the merit and demerit and the evidentiary value of the deed of cancellation shall be considered at the time of hearing of the suit and allowed the petition of the petitioner to bring the deed of cancellation as evidence.

5. Having considered the aforesaid facts and circumstances, this civil miscellaneous petition is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.09.2018 Transmission Date NA