NARENDRA NATH BHANDARI SON OF LATE PANCHKORI BHANDARI Vs. BISHNU THAKUR, SON OF CHANDRA BHUSHAN THAKUR

JUDGEMENT

(1.) The petitioner is defendant no.2 in Title (Partition) Suit No.06 of 2004. He is aggrieved of order dtd. 30/5/2017 by which an application calling for admission register of Aadarsh Madhya Vidyalaya, Kayasthpara, Jamtara has been allowed.

(2.) In Title (Partition) Suit No.06 of 2004 adoption deed by which defendant no.1 has been adopted by the defendant no.4 is under challenge. During pendency of the suit, after the issues were settled, an application was filed on 11/7/2014 for calling for admission register from J.B.C Higher Secondary School, Jamtara and for summoning clerk of the said school for proving the admission register. This application was dismissed by an order dtd. 19/11/2016. About six months thereafter a similar application was filed on 1/5/2017 for calling for admission register of Aadarsh Madhya Vidyalaya, Kayasthpara, Jamtara observing that the stand of the plaintiff that the defendant no.1 was studying in Aadarsh Madhya Vidyalaya, Kayasthpara, Jamtara is a departure from his previous stand which distinguishes the present application from the one previously filed on 11/7/2014, the trial judge has allowed application dtd. 1/5/2017. Aggrieved, the defendant no.2 has approached this Court.

(3.) Contending that ignoring the contradictions in the stand of the plaintiff in his applications dtd. 11/7/2014 and 1/5/2017, Mr. Vishal Kumar Tiwary, the learned counsel for the petitioner submits that the second application filed on similar grounds has wrongly been allowed by the trial judge.