ALAKH NATH PANDEY Vs. ANIRUDH RAM

JUDGEMENT

(1.) The petitioner has prayed for setting aside the order dated 2nd June, 2012 passed by learned Civil Judge, Senior Division-I (Sub-Judge-I), Garhwa, whereby the application filed by the petitioner-Defendant No. 1 dated 2nd June, 2012 for calling for original Sale Deed No. 1533 of 2008 from the office of the Deputy Superintendent of Police, Garhwa, taken away from the office of the District Sub-Registrar, Garhwa, has been rejected. It has been stated that earlier the prayer was allowed by order dated 8th September, 2010. Thereafter, the record was requisitioned by the Court, but due to some mistake in description, the sale deed could not be produced. Thereafter, the petition was again filed on behalf of Defendant No. 1 to call for the said deed, but by the impugned order dated 2nd June, 2012, learned court below observed that there is no need to call for the original sale deed and rejected the defendant's petition.

(2.) It has been submitted that the original sale deed is required for comparing the sale deed filed by the defendant and for just adjudication of the issues involved in the suit. Considering the need of the original sale deed, the Court had passed the order dated 8th September, 2010 calling for the original deed.

(3.) Learned counsel for the petitioner submitted that the said order was not set aside or altered by any superior court nor there was any prayer for review/recalling the order. Learned Subordinate Judge has committed serious error in rejecting the petitioner's prayer and upsetting its earlier order. The impugned order is against judicial propriety and wholly illegal and unsustainable.