LAWS(JHAR)-2012-8-160

AJANTA SARKAR @ ANJU SARKAR Vs. UNION OF INDIA

Decided On August 06, 2012
Ajanta Sarkar @ Anju Sarkar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE present petition is filed under Article 227 of the Constitution of India against the order dated 03.04.2012 (Annexure -4) passed by the Civil Judge (Junior Division No. 1), Dhanbad in Title Suit No. 100 of 2003, whereby the petition filed by the defendant no. 4 under Order VIII Rule 1A(3) of the Code of Civil Procedure was ordered to be allowed and thereby the documents were ordered to be taken on record.

(2.) HEARD the learned counsel for the petitioner and the learned counsel for the Respondents -Union of India.

(3.) THE learned counsel for the petitioner submitted that the learned court below has not properly considered the provision contained in Order VIII Rule 1A(3) of the Code of Civil Procedure and the court below has not properly exercised the discretion vested in it under the aforesaid provision. The learned counsel for the petitioner further submitted that the defendant no. 4 has produced these documents without giving any explanation for filing such documents at a belated stage merely with a view to delay the proceedings and therefore, the application ought to have been rejected by the court below. Moreover, it is submitted that the said documents have no relevance at the subject matter of the suit.