- (1.) Having heard learned counsel for both the sides and looking to the facts. and circumstances of the case, it appears that the present petitioners (original plaintiffs) have instituted Title (Eviction) Suit No. 29 of 2002, which is pending before the Munsif -I, Dhanbad. The petitioners (original plaintiffs) want to examine an officer of Dhanbad Municipality, so that the document, which has been presented by the original plaintiffs with respect to the assessment order of the property, in question, can be given exhibit number. This document affects the very root of the case. Looking to the facts and circumstances of the case, it appears that no prejudice is going to cause to the original defendant. The document, which is presented by the original plaintiffs is the assessment order of the property, in question, passed by the Dhanbad Municipality for imposing and levying property tax.
(2.) IT is submitted by both the counsel that this document was declared not to be a public document and, therefore, it is now very much necessary for the original plaintiffs to adduce evidence of any officer of Dhanbad Municipality so that the document may be given exhibit number and may be taken into consideration at the time of final hearing of the suit. Looking to the impugned order passed by the Munsif -I, Dhanbad dated 18th November, 2010, it appears that the aforesaid aspect of the matter has not been properly appreciated. The document which is presented by the original plaintiffs has a direct nexus with the dispute between the parties.
(3.) IN view of the aforesaid facts, it is very much necessary for the original plaintiffs to adduce evidence of any officer from Dhanbad Municipality so as to have .an exhibit number upon the said document, which is assessment order passed by the Dhanbad Municipality for the property, in question.;