DOLA LAHIRI Vs. JABA LAHIRI

JUDGEMENT

(1.) The judgment of the Court was as follows:-

(2.) Being aggrieved by and dissatisfied with the orders referred to above, the petitioners-defendants have come up before this Court with the prayer for setting aside the orders indicated above.

(3.) On the other hand, Mr. Piyush Chaturvedi, learned Lawyer appearing for the opposite parties referring to the materials-on-record including the affidavit and counter affidavit emphatically contended that learned Court below while passing the impugned order dated 12.3.2007 and the order dated 17.1.2007 did not commit any mistake or illegality inasmuch as from the existing circumstances of the case, the trial Court felt it unnecessary to issue direction for production of the original title deed in respect of the suit premises. Not that only, there is no circumstances which could enable the trial Court to understand that the title deed is lying in custody of the plaintiffs-opposite parties. In support of his argument he has relied upon a ruling in (Y.B. Patil and Ors. v. Y. L. Patif, 1977 AIR(SC) 392) and urged that the learned Court below correctly passed the impugned orders by rejecting the petitioners- application with a view to avoiding the principles of res judicata as well as harassment to his clients.