MAHENDRA SAH Vs. MD RAJU

JUDGEMENT

(1.) This writ petition has been filed against the order dated 7.6.2008 passed by learned Additional District Judge-I, Sahibganj in Title Appeal No. 29 of 2007, rejecting the petition filed by the petitioner under Order XLI, Rule 27 and Section 151 of the Code of Civil Procedure for bringing on record certain documents.

(2.) It is submitted that the documents sought to be brought on record were pleaded in written statement, but could not be produced during trial for the reasons mentioned in paragraph-6 of the petition filed before the lower appellate court.

(3.) On the other hand, learned counsel, appearing for the respondents supported the impugned order and submitted that petitioner could not show that inspite of due diligence, the said documents could not be produced by him in the trial court; and moreover the documents sought to be produced are attested copies.