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2014 Supreme(Jhk) 777

R.R.PRASAD
Budhmani Kumari – Appellant
Versus
Riso Devi – Respondent


Advocates:
Advocate Appeared
For the Petitioner: Mr. Arun Kumar
For the Respondents: M/s Ravi Prakash & Atanu Banerjee

Order

Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.

2. A case was filed for grant of succession certificate in favour of the applicant, being second wife of the deceased-Luxman Oraon. After the parties adduced their evidences the case was fixed for argument. At the stage of argument, an application was filed for taking, written statement filed in connection with other case and also affidavit sworn by Rama Oraon, in evidence. Subsequently on 14.3.2014, one more application was filed for taking the voter list in evidence. Thereafter, written statement and also the affidavit sworn by Rama Oraon as well as the voter list were taken in evidence vide order dated 31.3.2014 which order is under challenge.

3. Mr. Arun Kumar, learned counsel for the petitioner submits that the Court has committed illegality in taking the written statement and affidavit in evidence without getting those documents proved in accordance with law. Further, it was submitted that the court should not have allowed to take the voter list in evidence at the fag end of the trial and, therefore, impugned order is fit to be set aside.

4. As against, Mr. Atanu Banerjee,




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