SHANKESHWAR MAHTO Vs. RAMESH MAHTO

JUDGEMENT

(1.) In pursuance of the notice issued by this Court vide order dated 15th February, 2011, counsel for the Petitioners submitted that when the Petitioners had gone to serve the notice upon the Respondents they refused to accept the notice of this Court and to that effect counsel for the Petitioners has filed an affidavit on 3rd March, 2011.

(2.) Counsel for the Petitioners submitted that the present petition has been preferred against an order, passed by the Sub- Judge-I. Khunti in Title Suit No. 21 of 2004 dated 9th December, 2010 whereby, the trial Court has dismissed the prayer for giving exhibit number to original of a sale-deed dated 7th October, 1980, which was presented by the present Petitioners, who are original Defendants in the aforesaid title suit. It is also submitted by the counsel for the Petitioners that the sale-deed, which was to be accepted was already referred to in an affidavit filed by the original Defendants. Original of a sale-deed was also presented before the trial Court, but the trial Court without appreciating this aspect of the matter, dismissed the prayer for giving exhibit number and therefore, the present writ petition has been preferred.

(3.) It is further submitted by the counsel for the Petitioners that original of a sale-deed ought to have been given exhibit number and therefore, the order passed by the trial Court may be quashed and set aside and the trial Court may be directed to give exhibit number to the sale-deed dated 7th October, 1980, which is part of the suit property in question. This document will facilitate the trial Court in deciding the disputes between the parties and it is also prayed by the counsel for the Petitioners that by quashing the impugned order, let a direction be given to dispose of Title Suit No. 21 of 2004 within the stipulated time.