AFAJUDDIN Vs. ABDUR RAHMAN

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, learned Senior Counsel assisted by Mr. M. Pathak, learned counsel appearing for the petitioner. Also heard Mr. S.K. Ghosh, the learned counsel appearing for the respondent.

(2.) The respondent herein, namely Md. Abdur Rahman is the plaintiff in TS 41/2008, which was, inter-alia, filed for declaration of title, recovery of possession, mesne profit, compensation for damage, etc., and for partition of suit land.

(3.) In course of trial, the petitioner- defendant filed a petition under Order XI Rule 14 read with section 151 CPC for directing the respondent- plaintiff to produce the original receipt of acknowledgement of Rs.30,000/-, which was allegedly in the custody of the respondent. By filing written objection, the respondent denied the same. The learned trial court, by order dated 01.07.2016 held that the said document is not in the custody of the respondent- plaintiff.