LAWS(JHAR)-2011-2-34

PRAYAG MAHTO Vs. JAGDISH MAHTO

Decided On February 21, 2011
PRAYAG MAHTO Appellant
V/S
JAGDISH MAHTO Respondents

JUDGEMENT

(1.) THE present writ petition has been preferred against the order, passed by the Sub JudgeI, Hazaribagh dated 7th September, 2010 below an application preferred by the original plaintiff in Title Suit No. 106 of 2006 for opening of the stage of evidence and the defendant's application to present certified copy of the plaint, judgment and preliminary decree in Partition Suit No. 10 of 1934 was dismissed and therefore, the original defendants in Title Suit No. 106 of 2006 has preferred the present writ petition.

(2.) HAVING heard counsel for the the sides and looking to the facts and circumstances of the case, I hereby, quash and set aside the order, passed by the Sub JudgeI, Hazaribagh dated 7th September, 2010 in Title Suit No. 106 of 2006 mainly on the following facts and reasons: