BAIDYANATH SANTRA Vs. GOURHARI SANKI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order no. 272 dtd. 3/1/2019 and order no. 275 dtd. 11/2/2019 passed by the learned Civil Judge (Junior Division), 3rd Court, Tamluk, Purba Midnapore in Title suit no. 51 of 1993, the present application under Article 227 of the Constitution of India has been preferred.

(2.) The petitioner contended that petitioner had filed aforesaid suit for declaration of title and permanent injunction against the opposite parties herein. The defendant nos. 1,2 and 3 are contesting the suit by filing written statement and on behalf of the plaintiff, five witnesses were examined. On 7/7/2018 during Examination-in-chief of DW1, on behalf of defendant no. 1, several deeds were tendered for marking exhibit after dispensing with formal proof since the documents are 30 years old. The plaintiff had raised objection against such prayer of defendant no. 1 on the ground that those deeds are not relevant to the suit in question, and that said deeds are less than 30 years old and as such those deeds should not be marked as exhibit on tender, taking aid from Sec. 90 of Evidence Act. Such objections were being accepted by the court below and aforesaid deeds were not marked exhibit but marked for identification.

(3.) Subsequently, on behalf of defendant no. 1, an application was filed on December 5, 2018, stating inter alia, that on 7/7/2018 at the time of tendering the affidavit in chief those documents were filed and those documents i.e. deeds of conveyance are dated October 5, 1998 and October 6, 1966, 4372 of 1988 and 4355 of 1988, and those deeds became thirty years old by this time, during pendency of suit and for which those documents deserve to be marked as exhibit taking aid from Sec. 90 of Evidence Act, which are awaiting for marking exhibit before the learned trial court. The said application dtd. 5/12/2018 came up for consideration on January 3, 2019 and the trial court by the impugned order was pleased to allow the said application of defendant no. 1 and thereby marked seven deeds of conveyance as exhibit M to Exhibit S, discarding the objections raised on behalf of the petitioners herein.