GIRIDHAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) When the matter is called out, Counsel for the Petitioner is absent. Neither the matter is mentioned nor anybody appears on behalf of the Petitioner.

(2.) Counsel appearing for the Respondents is present, who has argued out the case much in detail, and has submitted that the Petitioner is a original Plaintiff, who has instituted Title Suit No. 49 of 2001 before the Court of Sub-Judge-I, Garhwa for specific performance. It is further submitted that an application preferred by the original Plaintiff for presenting certain documents, was dismissed vide order dated 3rd January 2008.

(3.) Counsel appearing for the Respondents has submitted that it is a case of the original Defendants that they are relying upon death certificates of one Ram Gahan Patwa and Kauli Devi, both husband and wife, and a sale deed was executed in favour of the original Defendants on 20th March 1998 by the legal heirs of the aforesaid two persons, who are Respondent Nos. 2 to 5, but, thereafter, it appears that original Plaintiff preferred an application to the Government office from where the death certificates were issued and they got the answer that the aforesaid two death certificates, which were presented by the original Defendants, were never issued by the same Government office. Original Plaintiff wants to present these documents before the learned trial Court, but, as there was a gross delay in filing of these documents, the learned trial Court has rightly rejected such an application preferred by the original Plaintiff and therefore, this writ petition deserves to be dismissed.