R.K. Merathia, J. - (1.) THIS writ petition has been filed for quashing the order dated 14.02.2006 passed by the learned Additional Sessions Judge (F. T. C. No. 2) in Title Appeal No. 18 of 2003 rejecting the prayer of petitioner for marking certain documents as exhibits.
(2.) MR . P. K. Prasad, learned senior counsel for the petitioner confined his prayer for marking of registered sale deed bearing No. 1449 of the year 1958 as exhibit and not other documents about which prayer has been made in the lower court. He submitted that the suit filed by the petitioner was dismissed in the year 1987. The appeal was filed which was ultimately sent back to the lower court in view of pecuniary jurisdiction which was registered as Title Appeal No. 18 of 2003. Though in the evidence of the plaintiff -petitioner, indication was made about the said sale deed, but it could not be produced, which is necessary for deciding the main disputes between the parties. He lastly submitted that the other side will not suffer any prejudice. Mr. Arvind Kumar Choudhary, appearing for the contesting respondent Nos. 1 to 4, on the other hand supported the impugned order and submitted that petitioner got certified copy of the said sale deed in the year 1991, but a prayer was made for marking it exhibit only in the year 2005 and that the case of petitioner that it had no knowledge about the said sale deed has been found to be incorrect by the lower appellate court. He further submitted that it is not a case of petitioner that in spite of due diligence, the said document could not be discovered/procured during trial.
(3.) IN order to avoid multiplicity of proceedings and in the interest of justice, I am inclined to give one chance to petitioner. Accordingly, the impugned order is set aside and the certified copy of registered sale deed bearing No. 1449 of the year 1958 may be allowed to be marked as exhibit. However, this order will be subject to payment of cost of Rs. 10,000/ -(Rs. ten thousand) to be deposited in the lower appellate court by the petitioner within four weeks payable equally to the contesting respondents. The parties will cooperate in early disposal of the appeal.;