BHAGWAT PRASAD Vs. MANOJ KUMAR

JUDGEMENT

(1.) Petitioner before this Court is defendant of Eviction Suit No.02 of 2008 pending in the Court of Additional Munsif-VII, Biharsharif. He has filed this application for quashing the order dtd. 4/7/2014 whereby and whereunder his prayer to issue Dasti summon to Sachidanand Singh to produce original deed of partition dtd. 15/9/2007 was rejected.

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

(3.) It appears that in course of trial, the son of the petitioner filed photo copy of unregistered partition deed dtd. 15/9/2007. The said document was sought to be called for from Sachidanand Prasad who is neither party to the eviction suit nor the document in question is necessary for determining the issues involved in the suit. The respondents have filed the suit for eviction of the petitioner/defendant on the strength of their documents. The learned court below rejected the prayer observing that the said document was being called for from a person who is stranger to the suit. There appears no reason to interfere with the impugned order.