LAXMAN SHARMA Vs. BALRUP SHARMA AND ANR.

JUDGEMENT

(1.) IN this writ application, petitioner has challenged the order dated 19.2.2009 passed by learned Subordinate Judge -V, Jamshedpur in Eviction Suit No. 112 of 1997 rejecting the application dated 13.1.2009 praying for production of original allotment letter issued on 10.9.2008 for comparing with the signature of Late Raj Kumar (father of the parties) in alleged gift deed dated 26.5.1990.

(2.) REFERRING to paragraph -9 of the plaint, Mr. Ayush Aditya, appearing for the petitioner, submitted that according to the plaintiff -respondent No. 1, petitioner -defendant No. 2 was permitted to occupy the suit premises by father of the petitioner and plaintiff i.e. Late Raj Kumar on leave of license and therefore, it was necessary to compare the signature of late Raj Kumar in the gift deed with the signature in the allotment letter, in order to decide the controversies between the parties.

(3.) ON this Mr. Ayush Aditya referred to the order dated 17.2.2006 passed in W.P.(C) No. 6239 of 2005, which reads as under: