RAJKISHORE LOHAR Vs. JAMUNA PRASAD

JUDGEMENT

(1.) The present petition has been preferred under Article 227 of the Constitution of India against an order, passed by the learned Sub-Judge II, Ranchi, dated 10th September, 2008, below an application preferred by the present petitioner (original defendant) in Title Suit No. 140 of 2004 under Order 8 Rule I-A of the Code of Civil Procedure for presenting certified copies of the sale deeds, which has been dismissed by the learned trial court vide order at Annexure 6 to the memo of petition and, therefore, the original defendant no.4 (petitioner herein) has preferred this writ petition.

(2.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case:

(3.) As a cumulative effect to the aforesaid facts and reasons, I hereby quash and set aside the order, passed by the learned Sub-Judge II, Ranchi, dated 10th September, 2008, in Title Suit No. 140 of 2004 and I hereby allow the petitioner (original defendant no.4) as also respondent nos. 3 to 6 to present the certified copies of the sale deeds, which are referred to in their applications, at Annexure 3 series to the memo of petition, with a cost of Rs.500/- (Rupees five hundred), which will be deposited by the petitioner before the trial court, within a period of four weeks from today and upon proper application by respondent nos. 1 and 2 (original plaintiffs) the said amount of Rs.500/- (Rupees five hundred) will be allowed to be withdrawn by the original plaintiffs.