VISHAL LINDA Vs. ETWA ORAON

JUDGEMENT

(1.) HEARD Mr. Arvind Kumar Lal, learned Counsel appearing for the petitioners and Mr. Ashok Kumar, learned Counsel appearing for respondent No. 1.

(2.) THIS application under Article 227 of the Constitution of India is directed against the order dated 3.5.2005 passed by Sub - Judge IX, Ranchi in Title Suit No. 229 of 1993 whereby he allowed the petition filed by the plaintiff -respondent for exhibiting certified copy of R.S. Khatian and certified copies of the depositions of prosecution witnesses Nos. 1, 3, 4, 5, 6, 8 and 9 of Sessions Trial Case No. 632 of 2000. It appears that plaintiff -respondent filed the aforementioned suit for declaration of right, title, interest and possession over the suit property.

(3.) IN the instant case, a counter affidavit has been filed, the affidavit of which has been sworn by respondent No. 1. However, by filing interlocutory application dated 1.10.2007, prayer has been made for ignoring the counter affidavit on the ground that respondent No. 1, Etwa Oraon died much before the affidavit was filed.