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2019 Supreme(Pat) 229

ASHWANI KUMAR SINGH
Dularchand Rai S/o Late Sahdeo Rai – Appellant
Versus
Deo Pujan Rai S/o Late Juthan Rai – Respondent


Advocates Appeared:
For the Petitioners:Mr. Nagendra Rai, Advocate.

JUDGMENT :

1. Heard learned counsel for the petitioner.

2. This application under Article 227 of the Constitution of India has been filed by the plaintiff (petitioner) to set aside the order dated 01.11.2018 passed by learned Munsif-1, Chapra in Title Suit No. 33 of 2007 whereby he has rejected the prayer of the petitioner to mark certified copy of the death register as exhibit in the suit.

3. The facts, as stated in the application, are as under :-

(a) The plaintiff has filed Title Suit No.33 of 2007 in the court of Munsif-1, Chapra against the defendants (respondents). Respondent no. 1 is defendant no. 3 in the suit. Krishna Kant Singh was defendant no. 2, who died and his heirs are respondent nos. 2 to 6. Respondent nos. 7 to 13 are heirs of original defendant no. 1 Kailash Pati Singh. The plaintiff has sought a decree for permanent injunction against the defendant no. 3 from interfering in his possession over Schedule-II land.

(b) The case of the plaintiff, in brief, is that Schedule-I plaint land was raiyati land of Bharosa Rai and Triveni Rai bearing Raiyati Khata No. 1149 situated in village-Dayalpur (Senduar Bhagwan Tola), P.O.- Dayalpur, P.S.-Janta Bazar, District-Saran. The af



















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