LAWS(ALL)-2010-4-290

SHIV NARAIN Vs. MATA BADAL AND ANOTHER

Decided On April 29, 2010
SHIV NARAIN Appellant
V/S
MATA BADAL Respondents

JUDGEMENT

(1.) CASE is called out. None appears for opposite party No. 1. However, Mr. Qamar Ahmad, learned Counsel for petitioner is present.

(2.) THE petitioner is aggrieved with order dated 9.8.1988 passed by the District Judge, Sultanpur, whereby the petitioner's application to bring on record the relevant document has been rejected.

(3.) SINCE the petitioner was having knowledge of Will-deed brought it on rec­ord but he could not bring on record the earlier application moved by the opposite party No. 1 for mutation, however, that is necessary document to decide the real controversy. Therefore, treating the same as relevant document to decide the real con­troversy involved in the matter, I hereby permit the petitioner to bring on record the said document before the Court below. I hereby quash the order dated 9.8.1988 passed by the District Judge, Sultanpur in Appeal No. 70 of 1988. In the aforesaid terms, the writ petition is partly allowed. Petition Partly Allowed.