M.Y.EQBAL, J. - (1.) HEARD .
(2.) THIS writ petition under Article 227 of the Constitution is directed against the order dated 22.9.2004 passed by Additional Munsif, Palamau, Daltonganj in Partition. Suit No. 42 of 1997 whereby he has rejected the petition filed by the defendants - petitioners for calling for the records of Permission Case No. 46 of 1990 -91. From perusal of the impugned order, it appears that prayer of the petitioners for calling for the records of aforesaid case was rejected on the ground, inter alia, that said prayer was made after the closure of the evidence and that the same cannot be allowed at the belated stage.
(3.) THE actual dispute appears to be between the parties with regard to the execution of deed of gift. Admittedly, after the closure of the evidence and at the stage of argument the plaintiff -respondents sought to adduce some documentary evidence relating to permission granted in Permission Case No. 46 of 1990 -91. The said prayer was allowed by the Court below by order dated 27.1.2004. While allowing the said prayer of the plaintiff -respondents, the Court below gave liberty to the defendant - petitioners to adduce evidence in rebuttal, if they may so desire. Perhaps, this fact and the order dated 27.4.2004 was not taken into consideration by the Court below while passing the order rejecting the prayer of the petitioners for adducing the evidence in rebuttal. ;