BISHWANATH PANDEY Vs. MURTI KUAR

JUDGEMENT

(1.) This writ petition is under article 227 of Constitution of India whereby and whereunder order dated 10.03.2016 as also order dated 31.01.2017 passed by learned Munsif, Daltonganj, Palamu are under challenge.

(2.) The brief facts of the case of the petitioner is that a title suit has been filed by plaintiff/respondent being Title Suit No. 88 of 2004 for declaration of title, ownership and possession of the plaintiff regarding Khata No. 84 plot no. 1080 total area of 25.50 acres in which the petitioner/defendant has appeared and filed written statement.

(3.) The petitioner has filed a petition on 11.04.2013 for allowing the petitioner to file certain documents but the same has been rejected vide order dated 10.03.2016 on the ground that the petition dated 11.04.2013 was not appended with an affidavit, and further, all the documents pertain to a proceeding arising out of proceeding under Section 145 of Code of Criminal Procedure and since the aforesaid document is not in the nature of public document as also not related with the issue pertaining to suit basis upon which declaration of the party can be decided.