Ashwani Kumar Singh, J. – Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel for the defendants 2nd party /respondents 2nd party.

2. This application under Article 227 of the Constitution of India has been filed by the petitioners for setting aside the order dated 01.12.2018 passed by the learned Sub- Judge-VII, Darbhanga in Title Suit No. 76 of 2013 whereby the petition dated 12.09.2018 filed on behalf of defendant 1st party/respondent 1st party for marking certified copy of Cadastral Survey Khesra Panji of plot nos. 143, 144, 145 as exhibit was allowed and were marked as Ext. E for defendant 1st party/opposite 1st party.

3. Learned counsel for the petitioners submitted that true copy of the register of Khata No. 497 endorsed by the Circle Officer, Sadar, Darbhanga is not a certified copy of a public document in terms of Section 76 of the Indian Evidence Act, 1872. The said Circle Officer has transcribed a copy of register of Khata No.497 having Plot Nos. 143, 144 and 145 but it did not compare the same with original. Hence, in terms of illustration E of Section 63 of the Evidence Act, said copy of register of Khata No. 497 is not a