DEWANTI DEVI Vs. RADHESHYAM TIWARY

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the respondents.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioners for quashing the order dtd. 24/6/2015 passed by learned Sub-Judge-12, Ara in Title Suit No. 576 of 2004 whereby an application filed by the petitioners (defendant 3rd set) under Order 8 Rule 1A(3) read with Sec. 151 of the Code of Civil Procedure (for short 'CPC') has been rejected.

(3.) Mr. Ashok Kumar Mishra, learned counsel for the petitioners submitted that the application filed by the petitioner (defendant no. 8) for marking Tirjiya Khatiyan in evidence has erroneously been rejected by the court below, as those documents are certified copy of Khatiyan and, during course of evidence, the plaintiffs-respondents would get an opportunity to cross-examine the petitioner (defendant no.8). He contended that the proposed documents were not in possession of the petitioners and it came to their knowledge belatedly pursuant to which the application was filed.