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2010 Supreme(Jhk) 40

D.G.R.PATNAIK
Anil Kumar Chourasia – Appellant
Versus
Prabha Devi – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Rita Kumari, Adv.
For Respondents/Defendant:Din Dayal Saha, Adv. for the Respondent Nos. 1 and 3

JUDGMENT

D.G.R. Patnaik, J.

1. It appears from the office report, notices issued upon Respondent Nos. 2 & 4 have been received by them. Respondent Nos. 1 & 3 have appeared through lawyer, who submits that Respondent Nos. 1 & 3 do not need to file any counter affidavit. Despite repeated calls, none appears to represent Respondent Nos. 2 & 4.

2. Heard Counsel for the parties.

3. The petitioner in this writ application has prayed for quashing the order dated 13.02.2007 passed by Sub-Judge-III, Rajmahal in Title Suit No. 39 of 1995, whereby the petitioner's prayer under Order VII Rule 14 of the C.P.C. for allowing him to introduce in evidence, the certified copy of the order passed in a 144 Cr.P.C. proceeding between the parties, has been rejected.

4. Learned Counsel for the petitioner submits that the learned court below, by rejecting the petitioner's prayer, has acted illegally and against the provisions of law, without appreciating the facts of the case. Learned Counsel explains that as a matter of fact, the document only confirms certain facts which had transpired between the parties and though the same was within the knowledge of the petitioner, who, as a plaintiff, had filed the suit






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