RAJESHWAR PANDEY Vs. KALIMULLAH KHAN

JUDGEMENT

(1.) HEARD counsel for the petitioner.

(2.) IN the opinion of this Court the plaintiff, petitioner having instituted a suit in the year 1988 has indulged into routine exercise of moving this Court possibly against each and every order which can delay disposal of the suit. Here is a classic case where once the petitioner 'sprayer for exhibiting a document by way of taking into evidence was rejected by the court below and the same on being assailed before this Court was also affirmed by order dated 11.9.2003 in C.R. No. 286 of 2003 and was allowed to become final.

(3.) THE ingenious on the part of the plaintiff, petitioner however had the audacity to move this Court after completing the period of 30 years of the same document which was earlier refused to be taken in evidence, and now under Section 90 of the Evidence Act it was prayed that such document be taken into evidence. The court below has rejected such prayer holding that Section 90. of the Evidence Act is not applicable in the facts of this case.