NARENDRA NATH TIWARI, J. - (1.) IN this application the petitioner - plaintiff has prayed for quashing the order dated 22.7.2004 passed by learned Munsif, Lohardaga in Title Suit No. 28 of 2001, whereby the Court below has refused to allow the petitioner to bring in evidence the sketch map prepared by Amin for specific identification of the encroached area of the suit land.
(2.) NOTICE was issued in this case. Respondent No. 1 his appeared, but no counter affidavit has been filed. At the time of hearing also, no body appeared on behalf of the respondents to object the petition. From perusal of the impugned order, it appears that the sketch map, which was prepared by Panchu Ram, Amin, was sought to be brought as an evidence for proper identification of the encroached area of the suit land. The said prayer was made in course of examination Of witnesses on behalf of the plaintiff. It has been informed by the learned counsel for the petitioner that the suit is still at the evidence stage.
(3.) THE learned Court below has refused to accept the said sketch map in evidence on the ground that there is only summary reference of the measurement in the plaint in paragraph 9, but there is no specific statement as to whether sketch map was prepared thereafter or not. Further ground is that despite sufficient opportunity, the plaintiff did not file the said sketch map earlier. Suddenly, the same is sought to be filed at this stage.;