KARABI NASKAR Vs. TANUSREE PRATIHAR

JUDGEMENT

(1.) The present challenge is directed against an order whereby the trial court, after remand, dismissed an application under Section 45 of the Evidence Act filed by the present petitioner on the ground that the document, with which the disputed document was sought to be compared, was not an admitted document.

(2.) The brief background of the case is as follows: The present petitioner claims by virtue of a deed of gift executed on September 27, 2008, while the opposite parties claim by virtue of a deed of gift by the same donor, who is the admitted original owner of the property, dated May 07, 2008. Three suits, filed by the parties between themselves, were directed to be heard analogously. One of the suits was filed by the present petitioner for partition of the suit property as well as declaration that the prior deed of gift executed in favour of the opposite parties was void, invalid and inoperative.

(3.) The opposite parties, on the other hand, filed two suits, one primarily for partition and the other seeking declaration of the opposite parties' title and consequential reliefs.