- (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition has been preferred for setting aside the order dated 12.8.2009 passed in Title Suit No. 43 of 1999 by the court of Sub Judge, 2nd , Deoghar whereby the petition filed by the defendants/ respondents under Section 151 C.P.C and Under Order VIII Rule 1A of C.P.C. was allowed granting leave to the defendants for exhibiting the certificate dated 25.3.2009, issued by the Head Master of the school. The case of the plaintiff - petitioner is that the instant Title Suit No. 43 of 2009 was instituted seeking for the annulment of the deed of adoption in favour of the respondent no. 4, which is illegal and ab -initio -void. It is further case of the plaintiff - petitioner that during the course of hearing of this suit after closure of evidence, the learned trial court entertained the petition filed under Order VIII Rule 1A C.P.C. granting leave to the defendants to exhibit the said document. Inspite of the objection being made by the plaintiff for granting leave to exhibit the said certificate, the impugned order dated 12.8.2009 was passed allowing the defendants to exhibit the said document on the cost of Rs. 700/ - under the provision of Order VIII Rule 1A (sub clause 3A), which is quoted herein below: - "A document which ought to be produced in Court by the Defendant under this rule, but, is not so produced shall not, without the leave of the court, be received in evidence on his behalf at the hearing of the suit .
(3.) LEARNED counsel for the respondents have appeared and opposed the prayer of the plaintiff - petitioner on the ground that the petition was made within time and allowed after taking leave of the court after due consideration and application of mind and the said application is vital for determining issues raised in the suit, which seeks to challenge the adoption of the concerned defendant - respondent no.4 on the ground whether she was major or minor on the particular date.;