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2016 Supreme(Ori) 886

A.K.RATH
Sk. Ishaque – Appellant
Versus
Sk. Liakat Alli – Respondent


Advocates Appeared:
For the Petitioners: Mr. Mahadev Mishra and Ms. Mamata Mishra.
For the Opposite Party : Mr. Susanta Kumar Dash.

JUDGMENT :

A.K. RATH, J.

1. This petition challenges the order dated 8.7.2015 passed by the learned Civil Judge (Jr. Division), Jajpur in C.S. No. 78 of 2012 vide Annexure-1. By the said order, learned trial court marked the certified copy of the registered sale deed bearing no. 2315 dated 19.3.1974 as exhibit.

2. The petitioner as plaintiff instituted the suit for permanent injunction impleading the opposite parties as defendants. After closure of evidence, the defendants filed an application to mark the certified copy of the registered sale deed no. 2315 dated 19.3.1974 as exhibit. It is stated that plot no. 1235 is adjacent to plot no. 1234. The defendants have specifically pleaded that plot no. 1234, area Ac.0.30 dec. is used as Kabarstan. The same is burial ground of the defendants. They came to know that the recital of the sale deed executed by one of the recorded tenants that a part of plot no. 1234 is kabarstan. Thereafter they obtained the certified copy of the same. The plaintiff filed objection stating therein that after closure of evidence, no document can be marked as exhibit. Unless the original sale deed is marked, the certified copy of the sale deed cannot be marked as








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