RAJ KISHORE SINGH Vs. NANDJEE YADAV

JUDGEMENT

(1.) The present writ petition has been preferred against the order passed by learned Munsif, 1st Dhanbad dated 19th January, 2011 in Title (Eviction) Suit No. 58 of 2000, whereby, the application given by the original Plaintiff to open the stage of taking evidence was closed by the trial court on 4th August, 2007.

(2.) Learned counsel for the Petitioner submitted that the Petitioner want to examine few of the witnesses to prove three documents. The list whereof is at Annexure-1, which are original of the agreement to sale dated 15th October, 1998, another is registered power of attorney dated 12th July, 2000 and the third is registered sale deed dated 9th August, 2000. The list of these documents was already tendered to the trial court on 22nd August, 2006. These documents affect the very root of the case, therefore, the plaintiff want to examine few of the witnesses and, therefore, the stage of taking evidence, which has already been closed by the trial court, may be opened and without wasting any further time, the plaintiff may be directed to examine his witnesses within a period of one month and the plaintiff will not ask for any adjournment for examination of the witnesses

(3.) Notice for final disposal upon the Respondent was issued by this Court on 31st March, 2011 and notice was served upon the Respondent. Now, an affidavit has been filed by the Petitioner, wherein, it is stated that the Respondent has refused to accept the notice, issued by this Court, in presence of two witnesses. This affidavit has been filed on 18th April, 2011, which is on record.