SHREE NARAYAN SINGH @ SRI NARAYAN SINGH SON OF LATE BABU RAGHUBAR NARAYAN SINGH MANAGING TRUSTEE OF RAI BAHADUR DALIP NARAYAN SINGH TRUST ESTATE MUNGER DILIP MAHAL, UDDAYANA, MOHALLA PURABSARI, P.S. KOTWALI, P.O. AND DISTRICT Vs. RAM CHANDRA MANDAL SON OF LATE BANARSI MANDAL RESIDENT OF MOHALLA JAMALPUR, P.O. AND P.S. JAMALPUR, DISTRICT MUNGER

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondent.

(2.) Petitioner is the defendant. While the case was fixed for evidence after closing the case of the plaintiff, he had filed certified copy of certificate of sale, decree as well as certain original documents under list of documents and further prayed that in terms of Sec. 90 of the Evidence Act, the same be admitted.

(3.) As the learned lower court of Additional Munsif-3rd , Munger in Title Suit No. 02/2005 considered the rival submissions and rejected vide order dated 21.12.2012 whereupon petitioner/defendant has challenged the same. Admittedly, photo copies of these documents have not been filed along with WS. Learned counsel for the petitioner/defendant has submitted that subsequent of filing of WS, photo copies have been filed. Again, in terms of Order 13, Rule 1 of the CPC, original documents were not filed. That means to say, plaintiffs were not at all in a position to see the document in its original during course of their evidence. The original documents have been filed when the case of the defendant is to be taken up.