MAHENDRA NATH MISHRA Vs. AWADESH MISHRA

JUDGEMENT

(1.) Heard learned Counsel for the appellants and learned Counsel for respondent Nos. 1, 3 and 6.

(2.) This appeal has been filed against the order dated 1.5.2009 passed by the Additional District Judge (F.T.C. No. 4), Rohtas at Sasaram in Civil Misc. Case No. 3 of 2008, by which he has allowed the petition under Order 47 Rule 1, Sub-rule (1), read with Section 151 of the Code of Civil Procedure permitting the respondents to give additional evidence, specially in support of calling for the service book of plaintiff No. 2 of the original suit, which was earlier rejected by order dated 17.5.2008 on an application under Rule 41 Rule 27 read with Section 151 C.P.C. filed in T.A. No. 84 of 2002 by the respondents (appellants in the court below).

(3.) The short facts relevant in the present matter are that Title Suit No. 39 of 1988 was filed by the father and mother of the present appellants for declaration that the suit lands as detailed in Schedule "Kha" of the plaint were their purchased lands and the defendants had no concern whatsoever with the same and the sale deeds executed by the father of the respondents are without authority and they had no right and title over the same and, as such, the sale deeds are void. The claim of the plaintiffs in support of the same was that in the year 1942, plaintiff No. 2 was in service and had saved some amount and the plaintiff No. 1 wife of plaintiff No. 2 had received Rs. 1,000/- from her mother, which was utilized for purchasing the said lands by a registered sale deed dated 20.6.1943 and thus, the said properties were the self-acquired properties of the plaintiffs.