Patna High CourtCWJC/20747/2013dismissed

Ram Chandra Jha v. Surya Narain Jha And ANR

2017-12-04Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20747 of 2013 ====================================================== Ram Chandra Jha, aged about 65 years, S/O Late Ram Pragas Jha VillChandchar, Tola- Shekpura, P.O- Konail, P.S- Ujiarpur, Distt- Samastipur. .... .... Petitioner

Versus

1. Surya Narain Jha S/O Late Nirshu Jha Resident Of Village- Chanchour Tola- Shekhpura, P.O- Konaila, P.S- Ujiarpur, District- Samastipur.

2. Smt. Sangita Devi W/O Sri Mani Kant Chaudhary And D/O Sri Satya Narain Jha Residing At Village- Akaha, P.O & P.S- Ujiarpur, DisttSamastipur. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Santosh Kumar, Advocate For the Respondents : Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-12-2017 This application has been filed to quash the order dated 07.09.2013 passed by learned Munsif, Dalsingsarai in Title Suit No.4 of 2011 whereby and whereunder the learned court below adjourned the cross-examination of one of the plaintiffs witness and called for the copy of Khatiyan from the Consolidation Office, Ujiyarpur.

2. Heard learned counsel for the petitioner and the respondent.

3. It appears that at the time of cross-examination of witness, the learned counsel for the defendant produced copy of Khatiyan and asked questions about genuineness of Khatiyan which was produced before him as well as Khatiyan produced on

Patna High Court CWJC No.20747 of 2013 (5) dt.04-12-2017 2/2 behalf of the defendants. The court below in order to ascertain the genuineness of Khatiyan, called for copy of Khatiyan from the Consolidation Office. The learned counsel for the petitioner failed to satisfy this Court as to how, the petitioner is being prejudiced by the order of the Court when the copy of Khatiyan has been called for from the office in order to ascertain the genuineness of document. The court below has rightly called for the documents from the Consolidation Office for ascertaining the genuineness of Khatiyan produced by both the parties in Court.

4. In view of above facts, I do not find any merit in this application requiring any interference in the impugned order. This application is accordingly dismissed.

(Sanjay Kumar, J) B.Kr./- U