SUJIT NARAYAN PRASAD,J. - (1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 06.03.2018 passed in Title Suit No.10 of 2012 by the Sr. Civil Judge-I, Sahibganj, has been assailed, whereby and whereunder a petition dated 01.02.2018 filed for marking four certified copy of return grant Estate of J.B. No.244 of mouza Sobhapur Ganga Prasad J.B. No.283 of mouza Arazi Mokri, J.B. No.32 of mouza Naya Bazare and J.B. No.255 of mouza Sobhanpur Ganga Prasad, has been allowed.
(2.) It is the case of the respondents/plaintiff while filing the petition on 01.02.2018 that these documents could not have been filed at the time of presenting the plaint but subsequent to cross- examination of the plaintiffs' witnesses, the relevancy of these documents have been assessed which led the plaintiffs to file such petition for seeking leave of the trial court for marking of the said documents as exhibits. Objection to that petition has been filed by the petitioner, raising the point that no reason in the petition has been filed as to what prevented the plaintiffs in not presenting the said documents along with the plaint as also the power of the trial Court as conferred under the CPC for granting such relief has not been invoked rather the petition has been filed under the provision of Section 5 of the Limitation Act and hence, the petition ought not have been allowed but according to the learned senior counsel for the petitioner, the trial court without appreciating all these facts has allowed the petition, against which, the present writ petition has been filed.
(3.) Learned counsel appearing for the respondent has submitted by defending the order dated 06.03.2018 referred the provision of Order 7 Rule 14(3) of the CPC which confers power upon the trial court to grant leave considering the relevancy of the documents to be marked for proper adjudication of the issue. He further submits that although the evidence of the plaintiff has already been closed but the trial Court has granted liberty to cross- examine the witnesses so adduced by the plaintiff in support of their case, if required so, as such, the defendants are not going to be prejudiced in any way and hence, the writ petition is having no merit. ;