DURGA PRASAD Vs. SARJOO PRASAD

JUDGEMENT

(1.) BY this petition under Section 115, CPC, the applicants seek to challenge the correctness, validity and propriety of the order dated 27.10.1998 passed by the learned trial Court rejecting the applicants application for permission to examine Shankarlal Patel the scribe of the Batwaranama Exhibit -D/1.

(2.) SHRI Verma, learned counsel submits that as the original was in possession of the defendants and it was produced in the evidence after the evidence of the plaintiffs was closed, he could not examine the scribe of the document and prove the conduct of the parties and the circumstance in which the document was written. It is necessary for the plaintiffs to examine Shankarlal as the present applicants have also prayed for a declaration that document Exhibit -D/1 does not affect their rights. The State appears to be a formal party.

(3.) THE Court below has failed to exercise the jurisdiction vested in it by law and has illegally rejected the plaintiffs' application. The order deserves to and is accordingly set aside. The revision is allowed. The plaintiffs are given permission to examine said Shankarlal Patel the scribe of the document in support of their contention. No costs.