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2022 Supreme(Jhk) 1173

RAJESH SHANKAR
Muni Devi – Appellant
Versus
Bisheshwar Sonar @ Baleshwar Rana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Yogesh Modi, Advocate
For the Respondent:Mr. A. K. Sahani, Advocate

ORDER :

1. The present writ petition has been preferred for quashing the order dated 24.07.2017 passed by the District Judge-VII, Giridih in T.A No.5 of 2015, whereby the petition filed by the plaintiff/appellant/petitioner under Order XLI rule 27 of the Code of Civil Procedure dated 21.01.2016 for adducing additional evidence has been rejected.

2. The factual background of the case, as stated in the writ petition, is that one Shanti Devi, wife of Misri Lal Swarnkar (respondent no.4 herein) filed Eviction Suit No.15 of 1996 against the father-in-law of the petitioner, namely, Bhuneshwar Prasad for evicting him from the suit land without impleading the petitioner and his other family members as parties in the said eviction suit. The said eviction suit was decided in favour of Shanti Devi vide judgment dated 31.08.2001 and the decree dated 13.09.2001. Thereafter, Shanti Devi filed an execution case being Execution Case No.02 of 2002. Subsequently, the petitioner came to know about the aforesaid execution case and the eviction suit. Thereafter, she filed Title Suit No.05 of 2003 challenging the title of Shanti Devi over the suit land and arrayed Shanti Devi, Bhuneshwar Prasad and Misri

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