LAWS(PAT)-2017-11-294

RAMJI PRASAD Vs. BIBHA DEVI & ORS.

Decided On November 08, 2017
RAMJI PRASAD Appellant
V/S
Bibha Devi And Ors. Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by an order, dated 16.09.2016, passed by learned Sub Judge II, Hilsa, in Title Suit No. 08 of 1994, whereby he has rejected the petitioner's petition, dated 24.05.2016, through which he had made a prayer to mark photocopy of the original deed of partition, dated 25.06.1982, as an exhibit.

(2.) From the facts available on record as discussed herein below, the Court forms an opinion that it is because of the conduct of this petitioner that the disposal of the suit got delayed for several years, because of filing of repeated petitions despite repeated rejections and, accordingly, I am of the view that this application, filed under Article 227 of the Constitution of India, does not deserve to be simply dismissed, but with exemplary cost.

(3.) I may take note of the facts, in brief, leading to passing of the impugned order, in Title Suit No. 08 of 1994, pending in the Court of Sub Judge II, Hilsa.