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2018 Supreme(Jhk) 285

SHREE CHANDRASHEKHAR
Amulya Kumar Singh Son of Raghubans Kumar Singh – Appellant
Versus
Marwari Relief Society – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rupesh Singh, Mr. Amrendra Pradhan
For the Respondent: Mr. Vijay Shankar Prasad

JUDGMENT :

The petitioner is aggrieved of order dated 08.09.2010 by which additional documents have been taken on record, and order dated 21.11.2011 by which power of attorney dated 11.01.1990 executed by the General Secretary of the plaintiff-Marwari Relief Society has been taken on record.

2. Eviction Title Suit No. 05 of 1991 was instituted for a decree of eviction of the defendant from the suit property and a decree for Rs. 22,464/- as arrears of maintenance charges as well as mesne profit @ Rs. 3000/- per month from the date of institution of the suit till ejection of the defendant. In the pending suit the plaintiff filed an application for reconstruction of the records, however, the application was rejected. Thereafter, an application was filed on 27.08.2010 for producing original application dated 04.08.1982, advocate’s notice dated 19.08.1987 and registration receipt dated 19.08.1997. This application has been allowed by the trial Judge by an order dated 08.09.2010 on the ground that these documents were not traced out by the plaintiff in spite of its best efforts. About 9 months thereafter another application was filed by the plaintiff for taking a power of attorney executed











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