AKHT AR HOSSAIN Vs. MD NASIRUDDIN

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the petitioner has challenged the order impugned dated 3rd April, 2008 and 31st July, 2008 passed by the Ld. Civil Court (Senior Division) at Sealdah in Title Suit No. 118 of 1998. The brief facts of the case are as follows:-

(2.) With particular reference to the deed dated 10th January, 1947 the petitioners have stated that the certified copy of the original deed could not be obtained by them from the District Registrar, Alipore. Thereafter on two occasions summons were served to the witnesses in the name of the District Registrar, Alipore to send competent persons to produce the relevant columns in connection with the registered sale deed dated 10th January, 1947. However, the relevant volume containing the sale deed could not be produced in Court and no report could be obtained in respect of the same. Shri Taraknath Halder, Ld. Counsel for the petitioners submits that by the order impugned dated 3rd April, 2008 the Ld. Civil Court (Senior Division) at Sealdah erroneously rejected the prayer of the petitioners for acceptance of xerox copy of the said deed dated 10th January, 1947 into evidence on the ground that the xerox copy of the deed is neither a primary nor a secondary evidence.

(3.) Shri Halder points out that the petitioner also filed an application for service of notice upon the OP1 under Order 11 Rule 14 CPC read with Section 66 of the Evidence Act for production of the original deed of sale dated 10th January, 1947.