LAL SINGH RAJPAL Vs. RAJ KAPIL SINGH

JUDGEMENT

(1.) The present writ petition has been preferred against an order, passed by the learned Additional District Judge, Fast Tack Court No. I, Dhanbad, dated 9th November, 2009 in Title Appeal No. 33 of 2007, whereby, the application preferred by the present Petitioner (Appellant in Title Appeal No. 33 of 2007) for giving Exhibit number to a document, which is rent agreement and which was presented by the original Defendant in Title (Eviction) Suit No. 13 of 2004, has been rejected.

(2.) 1 have heard learned Counsel for the Petitioner, who has submitted that as per the order passed by the lower appellate Court dated 25th July, 2008, both the parties are admitting the said document and, as such, the application preferred by the present Petitioner, who is Appellant in Title Appeal No. 33 of 2007, ought to have been allowed and the rent agreement, presented by the original Defendant in Title (Eviction) Suit No. 13 of 2004, ought to have been given Exhibit number and whatever may be the objection of the Respondent in Title Appeal No. 33 of 2007 would have been considered by the learned lower appellate Court at the time of final hearing of Title Appeal No. 33 of 2007. Learned Counsel for Petitioner has relied upon a decision rendered by the Hon'ble Apex Court in the case of Bipin Shantilal Panchal v. State of Gujarat and Anr, 2001 3 SCC 1.

(3.) Learned Counsel for the Respondents submitted that the document, in question, cannot be given Exhibit number, because a secondary evidence, which is not a original one being photo copy of the land agreement, cannot be given Exhibit number and that too at a belated stage and, therefore, rightly it has been marked 'X' for identification and has been kept for hearing along with Title Appeal No. 33 of 2007.