RAM NARESH RAI Vs. RAM PUKARI DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 25.09.2018 passed by the learned Munsif, Pupri at Sitamarhi in Title Suit No.33 of 1997 by which he has allowed the petition filed by one Ram Pukari Devi @ Karia Devi to be substituted in place of original defendant no.2 Late Bindeshwar Roy.

(3.) Learned counsel appearing for the petitioner submitted that the order impugned has been passed erroneously relying upon the socio-economic caste census list and ignoring the contentions advanced by the petitioner, who is nephew of deceased Bindeshwar Roy. He contended that Ram Pukari Devi is not the daughter of Late Bindeshwar Roy rather she is daughter of Late Ram Charitar Roy, who was brother of Late Bindeshwar Roy. He further contended that the reliance placed by the learned Munsif is of course on the basis of document issued by an authority of the State Government, but it was not prepared in ordinary course of official conduct. He overlooked the material document produced by the petitioner in support of his contention and relied upon the socio-economic caste census list which was either manipulated or had no probative value.