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1986 Supreme(Pat) 272

S.SHAMSUL HASAN
Ishwar Lal Kedia – Appellant
Versus
Mahabir Prasad alias Mahabir Prasad Kedia – Respondent


Advocates Appeared:
For the petitioners: M/s Krishna Murari and Suraj Narain Yadav.
For the Opposite Party : Mr. H. R. Das.

JUDGMENT :

S. Shamsul Hasan, J.–This application is by the plaintiffs in a suit praying for removal of certain alleged encroachments said to have been made by the defendants on the land claimed to be that of the plaintiffs.

2. The plaintiffs filed an application to admit into evidence, apart from an ORDER :sheet of the Court, the certified copy of the arbitration award of a prior partition suit case that was made the rule of the Court. This prayer was refused. Hence this application.

3. The material that was desired to be brought on the record, as I have stated above, was the ORDER :sheet of Title Suit No.3 of 1937 and the award made the rule of the Court. The Court below admitted the ORDER :sheets into evidence and marked them Exhibits 1 and 5. In the last ORDER :of the ORDER :sheet, it is clearly stated that on the receipt of the award and non-filling of any objection to it by the plaintiffs and the defendants of that suit, it was made the rule of the Court. The award, however, was not traced from the record room nor was it available in the record produced along with the ORDER :sheet. These documents were called for by the plaintiffs by filing a petition before the Court below which





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