BRAHMDEO PRASAD Vs. RAMSAKAL

JUDGEMENT

(1.) The petitioners filed a title suit in the Court of Munsif at Hajipur for a declaration that the suit land is their self-acquired property and that the Deed of Gift executed by one Basmati Devi in respect of the suit property in favour of the defendants is void.

(2.) After close of the case for the plaintiffs on 23-9-1983 when the defendants were examining his witnesses in Court, the plaintiffs-petitioners filed an application for putting some documents in evidence and to get them proved through witness. The documents are in the nature of a sale deed and some municipal receipts. The learned Munsif on consideration of the facts of the case rejected the prayer solely on the ground that the plaintiffs did not file those documents earlier and the case of the plaintiffs having come to a close it is not open to examine further witness and to prove the documents. The order impugned is in challenge before this Court in revision.

(3.) Learned Counsel for the petitioners has submitted that a reference regarding those documents was made in the plaint and the contents thereof were fully detailed in the plaint, but the same could not be filed earlier as the documents were in deposit in a Bank in security and could not be got back earlier, inter alia, it has also been submitted that these documents are valuable piece of evidence and are required for the just decision of the case. It is stated that these documents show that the suit lands are separate property of the plaintiffs purchased from the source of their own earning.