SARBANAND PASWAN Vs. MAHENDRA PRASAD SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 20-9-1991 of the Additional Munsif, Danapur passed in Title Suit No. 51/88-55/89 whereby he recalled his earlier order passed under Order 13, Rule 2, CPC.

(2.) It appears that on 14-4-1988 plaintiff-opposite parties filed Title Suit No. 51 of 1988 in the Court of Sub-Judge, Danapur for declaration of his title in the land in dispute without impleading the applicant as party. On 28-4-1988, the applicant filed application for impleadment in the suit which was allowed. On 30-11-1988, he filed written statement denying the claim of the plaintiff-opposite parties. On 16-12-1988, he filed his documentary evidence. On 29-8-1991, he filed an application under Order 13, Rule 2, CPC for bringing on record certain documents which were not available with him earlier which was allowed on the same day after hearing counsel for the applicant. On 3-9-1991, the opposite parties filed an application for recalling the order dated 29-8-1991 on the ground that it was passed without affording them opportunity of hearing and that no case for admitting additional documentary evidence under Order 13, Rule 2, CPC was made out. On 20-9-1991, the Court below recalled the order dated 29-8-1991 and rejected the application of the applicant for admitting additional documentary evidence. Feeling aggrieved, the applicant has filed this revision.

(3.) On 27-2-1992, a learned single Judge of this Court while admitting the revision, referred it to the Division Bench for consideration. The relevant portion of the order of the learned single Judge is quoted below :