RAM NARESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AGGRIEVED by order dated 09.04.2014 in Title Appeal No. 32 of 2009, the present writ petition has been filed.

(2.) THE brief facts of the case are that, Title Suit No. 50 of 1996 was filed by the plaintiffpetitioner for grant of injunction. Subsequently, the said suit was, on advice, withdrawn with permission to file a fresh suit. The plaintiffpetitioner filed Title Suit No. 46 of 1999 which was dismissed. In the Title Appeal No. 32 of 2009, the plaintiffpetitioner filed an application under Order XLI Rule 27 read with Section 151 C.P.C. praying for permission to bring the certified copy of the G.P. report dated 16.01.1997 which was submitted in Title Suit No. 50 of 1996 however, the said application has been dismissed vide impugned order dated 09.04.2014.

(3.) THE learned counsel for the petitioner submits that the specific plea taken by the petitionerplaintiff is that, in the proceeding of Title Suit No. 50 of 1996 a Commission of G.P., Garhwa was appointed who prepared a report dated 16.01.1997 and submitted in the said suit. It is submitted that the certified copy of the court's order is a public document which can be taken on record and can be looked into at the time of final hearing. It is further submitted that for exercising power under Order XLI Rule 27(1)(b) the court is not required to see whether the applicant exercised due diligence or not.