1. This is plaintiffs application against an order dated 21st Feb. 1983. by which the court below has refused to admit one document, which is plaint of Title Suit No. 1013 of 1916, as evidence in the suit.

2. The court below has refused the prayer of the plaintiff on the ground that O.XVIII, R.17-A of the Civil P. C. (hereinafter referred to as the Code) was a bar for admitting the document as evidence in the suit at the stage at which it had been filed and the other reason given by the court below is that if the document is admitted into evidence at this stage, it will cause serious prejudice to the defendants.

3. Learned Counsel has submitted that due to inadvertence, the original plaint of Title Suit No. 1013 of 1916, which was already on the record, could not be marked as an exhibit in the case, and the court below-should have admitted the document as an evidence in the suit, after it was allowed to be called for from the record room of the District Judge, Monghyr, in the ends of justice. In order to appreciate the submissions advanced by learned Counsel for the petitioner, it is essential to state few facts.

4. The plaintiff-petitioner filed Title Suit No. 48 of 1979,