SHEO NANDAN MAHTO Vs. BIKASH MAHTO

JUDGEMENT

(1.) Both these civil miscellaneous petitions arise out of order passed in Title Suit No.65 of 2007 by the learned Trial Court. The petitioners are plaintiffs and the opposite parties are the defendants and since both the civil miscellaneous petitions arise out of the same case, therefore, they are being heard together and will be disposed of by the common order.

(2.) C.M.P. No.1085 of 2025 is preferred by the plaintiffs for quashing of the order dtd. 7/10/2025 by which the petition to mark certain documents available on record as exhibit under Sec. 74 of the Evidence Act has been rejected.

(3.) It is argued by the learned counsel on behalf of the petitioners that all these documents are more than 30 years old and there is presumption of due execution under Sec. 90 of the Evidence Act. It is further submitted that some of the documents were certified copies of the original Register II which was also filed and marked as exhibit. Petition dtd. 7/10/2025 was filed under Sec. 74 of the Evidence Act. P.W. 5 has produced that documents from his custody as testified by him in Para 16 and 17 of his deposition.