BACBU YADAV Vs. TILAK YADAV

JUDGEMENT

(1.) THIS is an application by the defendant whose attempt to introduce the registered copy of sale-deed of the year 1956 has failed on the ground that the conditions laid down for the reception of belated document under Order XVIII, Rule 17-A have not been followed. It is not necessary to state the nature of the suit. The trial court has held that both the parties are claiming to be settlees of the land in dispute. Therefore, the sale-deed can have little value. The learned counsel for the petitioner submits that this sale-deed will be useful to demonstrate that the receipts filed by the plaintiff do not relate to the land in dispute but to the land covered by this sale-deed because only Khata number is mentioned in the receipts. The applicability of the receipts to the disputed land should be proved by the plaintiff and if he has failed to do so the inference will be in favour of the defendant. The value of the receipts, therefore, will be subject to the determination in the suit. The value of this sale-deed, therefore, is not of any utility. THIS apart the defendant has not made out a case for justifying reception of this document at such a stage nor they have been able to show that the primary evidence i. e. original sale-deed is in the custody of the plaintiff and not available in court.

(2.) IN this view of the matter, there is no merit in this application. It is dismissed without costs. Revision dismissed.