KULABATI PASSAYAT Vs. HEMANTA KUMAR PUROHIT

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the respective parties.

(2.) This matter arises out of an order dated 13.08.2010 passed by the trial court on an application under Order 12, Rule 2 of C.P.C. at the instance of the plaintiff to issue notice to the defendant No. 7 for admitting the Registered Sale Deed dated 6.1.2003 & 22.6.1988.

(3.) In assailing the impugned order, learned counsel for the petitioner contends that even though the documents have been marked with objection but the contents of the documents could not be marked during examination of the defendants and in view of relevancy of the documents as well as appropriate decision in the suit, the application at the instance of the plaintiff ought to have been allowed and the trial Court having failed in appreciating the submission of the plaintiff arrived at wrong conclusion/order, which needs to be set-aside.