SISIR KUMAR SADHU KHAN Vs. JYOTSNA SAH

JUDGEMENT

(1.) The present petition has been preferred mainly for the reason that the trial court has not given exhibit number to the document, presented by the petitioner, who is original defendant no.3 in Title Suit No. 7 of 1997, vide order dated 1st February, 2008, which is at Annexure 5 to the memo of petition, passed by the learned Sub-Judge II, Rajmahal, District- Sahibganj.

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

(3.) In view of the aforesaid judicial pronouncement and looking to the aforesaid facts of the case, I hereby allow the application, preferred by defendant no.3 dated 17th August, 2007 by quashing and setting aside the order, passed by the learned Sub-Judge II, Rajmahal, District- Sahibganj, dated 1st February, 2008 in Title Suit No. 7 of 1997, at Annexure 5 to the memo of writ petition. The objection raised by the plaintiffs will be considered at the time of final hearing and the matter will be decided, in accordance with law and the evidence on record. The trial court will decide the Title Suit independently and without being influenced by the order, passed by this Court.