(1.) IN this application the petitioner - plaintiff has prayed for quashing the order dated 22.7.2004 passed by learned Munsif, Lohardaga in Title Suit No. 28 of 2001, whereby the Court below has refused to allow the petitioner to bring in evidence the sketch map prepared by Amin for specific identification of the encroached area of the suit land.
(2.) NOTICE was issued in this case. Respondent No. 1 his appeared, but no counter affidavit has been filed. At the time of hearing also, no body appeared on behalf of the respondents to object the petition.
(3.) THE learned Court below has refused to accept the said sketch map in evidence on the ground that there is only summary reference of the measurement in the plaint in paragraph 9, but there is no specific statement as to whether sketch map was prepared thereafter or not. Further ground is that despite sufficient opportunity, the plaintiff did not file the said sketch map earlier. Suddenly, the same is sought to be filed at this stage.