MAKHAN CHANDRA DEB Vs. PURAN BARAIK

JUDGEMENT

(1.) This revision has arisen out of the order dated 3.8.1999, passed by the Civil Judge (Junior Division) No.2, Sonitpur, Tezpur, in TS No.73 of 1996, where by the learned Court below rejected the plaintiff-petitioner's prayer for allowing him to prove the documents related to Miscellaneous Case No.292 of 1989, which was a proceeding under section 145 of the Criminal Procedure Code, on the ground that the plaintiff-petitioner was not competent to prove the documents, in question, lying in the record of the said proceeding inasmuch as it is only an official witness, who can prove a record and/or the contents of a document lying hi such a record. Feeling aggrieved, the plaintiff-petitioner has now, impugned the order dated 3.8.1999, aforementioned in this revision.

(2.) Heard Mr. TC Khetri, learned counsel for the petitioner. None has appeared for the opposite party.

(3.) Assailing the impugned order, Mr. Khetri contends that by not allowing the plaintiff-petitioner's prayer to prove the contents of the documents, which the plaintiff was competent to prove, the learned Court below has effectively closed the case of the petitioner inasmuch as the petitioner has been denied his right to adduce material pieces of evidence to prove the plaintiff-petitioner's case and, hence, the impugned order needs to be interfered with in revision.