SEDMAL MODI Vs. SHIV SHANKAR PRASAD YADAV

JUDGEMENT

(1.) IN this writ application under Article 227 of the Constitution of India, the petitioner who is the plaintiff has prayed for quashing the order dated 16.11.2006 passed by Sub -Judge, I Dumka in Title Suit No. 23/96 by which he has rejected the petition filed by the petitioner for grant of leave for tendering some relevant documents into evidence and for recalling PW 1 for his re -examination in order to prove the documents.

(2.) THE aforesaid petition was opposed by the defendants on the ground that the documents sought to be tendered into evidence are forged and anti -dated documents and the same could not be filed within the reasonable time although it was within the knowledge of the plaintiff -petitioner.

(3.) I have heard learned Counsel for the parties. From perusal of the impugned order it appears that the plaintiff -petitioner filed zeroxed copies of all the documents on 24.6.1997. In the petition filed by the petitioner for tendering those documents into evidence, it has been categorically stated that those documents were lying in other Court and so they could not be produced at the time of examination -in -chief of the plaintiffs witnesses. It has been further stated that some of the documents are thirty years old, zeroxed copies of which were produced from the custody of the plaintiff -petitioner.