JAY NARAYAN YADAV Vs. RAM ASHISH YADAV

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application, under Article 227 of the Constitution of India, has been filed against the order dtd. 18/12/2017 passed by learned Munsif, Benipatti in Title Suit No. 01/2000 whereby and whereunder petition dtd. 28/8/2017 filed by the petitioner for taking some documents in evidence, has been rejected.

(3.) The brief facts of the case are that the petitioner, who is the plaintiff in the trial Court, has filed the Title Suit No. 01 / 2000 against the defendants / respondents for declaration of his right, title and interest over the suit land alongwith other reliefs. The defendants appeared in the suit, filed written statement and contested the suit. The evidence of the parties started. During the cross examination of defendant No. 1 (DW4) the plaintiff / petitioner on 2/3/2017 filed some of the documents after showing the same to DW4 and thereafter on 28/8/2017 petitioner filed an application praying therein to take the documents mentioned in the petition in evidence as the said documents have got relevancy for disposal of the suit which was objected by the defendant / respondent stating that the petition is not maintainable and the same has been filed for the purpose of delaying the disposal of the suit and to harass the defendant. The said petition has been dismissed by the learned trial Court vide the impugned order dtd. 18/12/2017.