KAMESHWAR LAL @ KAMESHWAR LAL SRIVASTAV S/O LATE DEODUTT LAL Vs. DINESHWAR PRASAD SRIVASTAV S/O LATE DEODUTT LAL AND OTHERS

JUDGEMENT

(1.) This application has been filed for quashing the order dated 24.08.2013 passed by learned Adhoc Additional District Judge-III, Bhojpur at Ara in Title Appeal No. 15 of 1995 whereby and whereunder the learned Additional Judge refused to admit the certified copy of sale certificate issued in Execution Case No.127 of 1997.

(2.) Heard learned counsel for the petitioner and the respondents.

(3.) The petitioner happens to be the descendant of plaintiff Sumitra Kuer who filed Title Suit No.153 of 1986 against the defendants alleging inter-alia that one Murlidhar Lal was her father who died leaving behind his son Kedarnath Lal and a daughter Sumitra Kuer (plaintiff). After the death of Murlidhar Lal and his wife Sumitra Kuer filed a suit for partition claiming 1/2th share in the property of Murlidhar Lal. The said suit after contest was dismissed. Title Appeal No.15 of 1995 was filed by the plaintiff. During the pendency of title appeal, the petitioner being heirs of appellant filed a petition praying therein to admit the sale certificate in evidence under Order 41 to 27 read with section 151 CPC which after hearing was dismissed.