Rajesh Kumar v. Anita Kumari And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15724 of 2013 ====================================================== Rajesh Kumar Son Of Sri Uma Charan Prasad Resident Of Dadiya Baba Ki Thakurbari, Tikari Road, P.S. Kotwali, District - Gaya. .... .... Petitioner/s

Versus

1. Anita Kumari Wife Of Sri Manoj Kumar.

2. Manoj Kumar Son Of Sri Hari Nandan Prasad both Resident Of Mohalla - Punjabi Colony, New Godown, P.S. Kotwali, District - Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 23-01-2017 Nobody appears on behalf of the petitioner.

This application has been filed praying for setting aside the impugned order by which the learned court below has rejected the prayer of the defendant not to receive the lease agreement in evidence on behalf of the plaintiffs. The impugned order shows that the defendant challenged the acceptance of the lease agreement in evidence on the ground that it was in torn condition. However, the learned court below has taken into notice the fact that the defendant himself had torn the said lease agreement though it was prepared and signed by the defendant. The learned court below has come to the conclusion that the said lease agreement was necessary to be

Patna High Court CWJC No.15724 of 2013 (2) dt.23-01-2017 taken on record for proper adjudication of the issues arising in the suit.

In the aforesaid backdrop, this Court does not find it a fit case to invoke the jurisdiction under Article 227 of the Constitution of India.

The application is, accordingly, dismissed.

(V. Nath, J) Devendra/- U