SAFIUDDIN MD. HUSSAIN ZARIWALA Vs. BAIDHAR PANDA

JUDGEMENT

(1.) THE complainant in the Court below has filed this revision against an order dated 8.9.1971 passed by the Magistrate, First Class, Bhadrak, rejecting the complainant 's prayer to recall p.w. 5 in order that two of the registered sale deeds which were filed in the Court on 16.1.1971 and were on record could be proved by him and exhibited in this case.

(2.) ON behalf of the complainant a petition was filed in the Court below on 7 -9 -1971 to the effect that the said two sale deeds executed by the accused in favour of p.w. 5 were essentially required to be proved in this case in view of the plea taken by the accused in his Section 342 statement and the argument advanced on his behalf that the accused had not executed such documents in favour of p.w. 5. It is averred therein that p.w. 5 produced those two registered sale deeds on 16.1.1971 and the complainant was under the impression that those documents had been exhibited in the case, but, as found later, due to ill luck those documents had not actually been marked as exhibits in the case; and that for the ends of justice it was necessary that those two documents should be proved in the case, and so p.w. 5 should be recalled so that he could be examined for the purpose of proving the aforesaid two documents.

(3.) THE Petitioner 's case is that the accused opposite party sold a piece of land to the complaint on receipt of Re. 1300/ - on 28.11.1967 by a registered sale deed, representing at that time that the said land belonged to him (the accused). Later, the complainant learnt that the accused had sold that very land to p.w. 5 by two registered sale deeds in the years 1955 and 1957.