RABINDRA NATH PRASAD Vs. HIRA LAL VISHWAKARMA

JUDGEMENT

(1.) The present writ petition has been filed for quashing the part of the order dtd. 13/6/2017 passed by learned Additional Munsif-XIII, Ranchi in Title (Eviction) Suit no. 22 of 2005, whereby and whereunder the application of the petitioner / defendant for bringing on record some additional documentary evidence and to recall the D.W.-14, the defendant himself for further examination with a view to prove the aforesaid documents and has been partly rejected.

(2.) Learned counsel for the petitioner assailing the impugned order has submitted that the documents, sought to be proved, were not in possession of the petitioner and same was filed in Title Suit No. 71 of 2005, pending between the same parties.

(3.) It is further submitted that the documents relied upon by the petitioner are important documentary evidence to prove the stand of defendant in eviction suit. Learned court below has recorded an erroneous finding that the application filed by the defendant / petitioner for adducing additional documentary evidence and recall for further examination is motivated with further delay the trial of the case. There is no whisper in the impugned order that at any stage of trial, due to conduct of the petitioner, it has got delayed. Although, the suit was pending since 2005, the respondent / plaintiff himself was responsible for delay.