PARMESHWAR RANA Vs. DWARIKA RANA

JUDGEMENT

(1.) The present writ petition has been preferred by the Petitioners, who are original Defendants in Title Suit No. 25 of 2000, challenging the order passed by the Munsif, Koderma dated 30th Jury, 2010, whereby, the original deed of gift, which was marked for identification as "X" and upon which the Defendants are placing reliance, has been denied to be given Exhibit number, on the ground that the deed of gift requires registration and, therefore, the said document is not given Exhibit number.

(2.) Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the order, passed by the Munsif, Koderma, dated 30th July, 2010 in Title Suit No. 25 of, 2000, mainly for the following facts and reasons:

(3.) In view of the aforesaid decision, even though there are objections by the other side, the document ought to have been given Exhibit number and those objections could have been considered by the trial Court in the final decision and the trial Court could have pointed out in the final decision that the so called gift deed presented by the Defendants has got No. evidentiary value. Instead of adopting the aforesaid procedure, as stated by the Hon'ble Supreme Court, unnecessarily a lengthy order has been passed by the trial Court, which has given birth to the present petition.