JUDGMENT :

Heard learned counsel for the petitioner and perused the record.

2. This application under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 10.12.2018 passed by learned Sub-Judge-1st, Munger in Title Suit No. 110 of 2008 by which the application dated 12.07.2018 filed by the petitioner for taking into evidence the photostat copy of the sale deed dated 22.04.2018 has been rejected.

3. Learned counsel appearing for the petitioner submitted that in view of the provisions prescribed under Section 65 of the Evidence Act, the court below ought to have taken the photostat copy of the sale deed executed on 22.04.2008 on record and marked the same as exhibit. He contended that by rejecting the application filed by the petitioner the trial court has committed gross illegality.

4. On perusal of the plaint as contained in Annexure-1 to this application, I find that Title Suit No. 110 of 2008 has been filed by the petitioner for the following relief’s:-

“(a) On adjudicating of facts and circumstances of the case, the court be pleased to pass a decree in favour of the plaintiff directing the defendant 1st party to appear before the Sub-R