NILAM NUTAN KUNKAL Vs. NAND KISHORE JHA

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India against the order dated 27.01.2018 passed in Title Suit No.196/2016, whereby and whereunder, petition filed under Section 76 of the Indian Evidence Act that the registered sale deed, bearing No. 3354 dated 04.07.2012 has been taken on record for marking it as exhibit.

(2.) The contention of the learned counsel for the petitioner is that the insertion of the sale deed dated 04.07.2012, in exercise of power, conferred under Section 76 of the Indian Evidence Act, is highly unwarranted, since the said document is foreign to the pleading, whose assertion is that he is in possession of Flat No.4, while the sale deed dated 04.07.2012 speaks about the registration of the flat being G/5, while according to the petitioner, there is no existence of flat being G/5, therefore, this registered sale deed is not relevant for the purpose of adjudication of this case.

(3.) Having heard learned counsel for the parties and gone through the pleading made in the writ petition as well as the impugned order, it is evident that a suit has been filed, being Original Title Suit No.196/2016 for declaration of right, title and interest of the petitioner/defendant in the suit property and to recover possession thereof, while the matter was proceeding, two applications have been filed by the plaintiffs, under Order -26, Rule-9 of the Code of Civil Procedure and another under Section 76 of the Indian Evidence Act.