RABIA KHATOON Vs. THE STATE OF JHARKHAND THROUGH DEPUTY COMMISSIONER, RANCHI
LAWS(JHAR)-2016-3-139
HIGH COURT OF JHARKHAND
Decided on March 29,2016

RABIA KHATOON Appellant
VERSUS
The State Of Jharkhand Through Deputy Commissioner, Ranchi Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioners and State.
(2.) Learned Court of Sub-Judge VIth, Ranchi in Title Suit No. 30/1997 refused to accord leave to the plaintiff (petitioners herein) to file documents by the impugned order dated 25th March, 2015 (Annexure 7). Petitioners also sought review of the said order through an application dated 13th May, 2015, which also been rejected on 28th September, 2015 vide Annexure 10. The suit is for declaration of right, title and interest in respect of schedule property and for a decree of declaration that order passed in S.A.R Case No. 103 of 1986-87 and 88/85 as void and without jurisdiction and not binding on plaintiff. It is not in dispute that the list of documents which the petitioners seek to adduce as evidence now after closure of plaintiff and defendant witnesses were not enclosed to the plaint in the list of documents.
(3.) Counsel for the petitioners submits that these are certified copy of surrender deed which been obtained under RTI and other such documents referred to at Annexure 5 being certified copy of F.I.R being Case no. 318/90, original rent receipt no. 84/3 of plot no. 695 issued by Circle Officer, Ranchi, original rent receipt no. 84/5 of plot no. 696, original municipal receipt of Ranchi Municipal Corporation of Ward no. 11/25, House no. 680, certified copy of demand of house no. 944 Ward no. 3 of the year 1971-72, original copy of letter no. 452/(ii) dated 16th February, 2013 issued by Circle Officer, Ranchi under RTI and other such letter of December, 2012. It is also submitted that denial of opportunity to adduce these documents even at the stage of argument would seriously prejudice the case of the plaintiff-petitioners. Therefore, even by imposing some cost, learned trial court may be directed to allow the petitioners to bring on record these documents in support of its case.;


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