JUDGMENT

G.C. Garg, J. (Oral) - Petitioner-plaintiff filed a suit for recovery of Rs. 30960. The plaintiff while filing the suit attached copies of bahi entries as Annexure A with the plaint. Defendant was proceeded ex-parte. The bahi entries were exhibited during ex-parte proceedings on the statement of Ashok Kumar, PW1 along with true translation of the entries, as the entries were in "lande" character. The suit was ultimately decreed on 14.8.1987.

2. Defendant moved an application after the passing of the ex-parte decree for setting aside the ex-parte decree which was dismissed by the trial Court. However, on appeal the application was allowed and ex-parte decree was set aside by order dated 16.9.1991 and matter was remitted to the trial Court to decide the suit afresh in accordance with law.

3. Plaintiff and defendants thereafter led their evidence. Plaintiff at that stage realised that the bahi entries, which had been exhibited before passing of the ex-parte decree, have not been exhibited after the setting aside of the ex-parte decree. Plaintiff consequently moved an application under Order 18 Rule 17-A of C.P.C. to prove the bahi entries by examining Ram Murti, Munim of plain