BIRENDRA KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 05.12.2018 passed by the learned District Judge, Supaul in Title Appeal No. 28 of 1994 dismissing the application of the petitioner, who is substituted defendant in the suit, dated 04.01.2017, whereby the application preferred under Order 41, Rule 27 of the Code of Civil Procedure (for short 'CPC') to admit the date of birth certificate of the petitioner issued by the Bihar School Examination Board, Patna has been rejected.

(3.) Learned counsel for the petitioner submitted that father of respondent Ashok Kumar Yadav had filed Title Suit No. 182 of 1991 in the court of Munsif, Supaul for declaration of right, title and possession with respect to the lands mentioned in different schedule of plaint as during publication of town survey khatiyan the land has been recorded in favour of State of Bihar although he has purchased the land from one Smt. Rukmani Devi, wife of Ashok Kumar Sah and her son Dhrub Kumar Sah, with a further prayer to declare entry of land in favour of the State of Bihar as illegal and not binding upon the plaintiff.