PARMESHWAR BHAGAT Vs. KUNDAN BHAGAT

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 04.09.2018 passed by the learned Subordinate Judge-1st, Purnea in Misc. Case No.47 of 1988 by which he has rejected the application dated 22.02.2018 seeking leave to file the compromise decree passed in Title Suit No.268 of 1970 dated 07.11.1973 and to take the same into evidence.

(3.) Learned counsel for the petitioner submitted that the Court below by order dated 04.09.2018 illegally and arbitrarily rejected the petition dated 22.02.2018 filed by the petitioner. It failed to appreciate that marking the certified copy of the compromise decree as an exhibit, in no manner, would have prejudiced the case of the respondents. He also failed to appreciate that it was not an attempt to bring on record a new evidence. He has produced a copy of the order dated 20.10.2000 passed in C.R. No.1097 of 1999 by this Court in support of his contentions. Let the same be kept on record.