BHOLA SK Vs. NOORFUL BEWA

JUDGEMENT

(1.) The present civil miscellaneous petition has been filed for quashing/setting aside the order dtd. 5/3/2022 (Annexure-6 to the present petition) passed by the Civil Judge-I, Rajmahal in Original Suit No. 107/2013, whereby the application filed by the defendant no. 7/petitioner no. 4 on behalf of the defendants/petitioners seeking leave to admit the document i.e., unregistered deed of sale has been rejected.

(2.) Learned counsel for the petitioners submits that learned court below committed an error in rejecting the petitioners' application seeking leave to admit an unregistered sale deed dtd. 2/1/2003. The petitioners had made specific averment in the said application that the original document of unregistered sale deed dtd. 2/1/2003 was lying in the other file of a criminal case, however, the learned court below has rejected the said application in a mechanical manner. If the petitioners are not allowed to bring the said document on record, their case will be adversely affected.

(3.) It would be relevant to refer the provisions of Order VIII Rule I-A of CPC, which is quoted as under: