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2007 Supreme(Pat) 36

RAMESH KUMAR DATTA
Bhola Prasad – Appellant
Versus
Nabi Rasul Mian – Respondent


Judgment

Ramesh Kr.Datta, J.

1. The petitioners have filed the civil revision application against the order dated 23.11.2000 passed by Sub-Judge-VI, Gopalganj in Title Suit No. 396/ 1993 (Nabi Rasul & Ors. vs. Bhola Prasad & Ors.), by which the court below has refused to mark a copy of a sale deed as exhibit in terms of Sections 63 and 65 of the Indian Evidence Act, 1872 .

2. The short facts relevant for the consideration of the present matter are that the petitioners who were the contesting defendants in the court below, had, during the course of hearing of the suit, filed a photocopy of a registered sale deed dated 29.3.1891 executed by wife and sons of the ex-owner of the disputed land which was marked as Ext. X for identification. During the course of hearing D.W. 11 Mantu Giri examined by the petitioners had stated that at the time of execution of the sale deed in favour of wives of the petitioners, a photocopy of the said registered sale deed dated 29.3.1891 was handed over by the vendor which was prepared through the process of photostat and was compared also from the original document in his presence. During the course of hearing summons were also served through the process














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