IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.404 of 2020

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Rang Bahadur Singh Son of Late Rajendra Prasad Singh Resident of Village-

Chhotaki Kulharia, P.S.- Mohania, District- Kaimur Bhabua presently

residing at A 402 Vamika Kunj Apartment, B.V. College Khajpura,

Rukunpura, Patna.

... ... Petitioner/s

Versus

1.

Sharda Singh Daughter of Rajendra Prasad Singh, Wife of Khan Bahadur

Singh Resident of Chhotaki Kulharia, P.S. Mohania, District- Kaimur,

Bhabua, Presently residing at Sharda Singh, C/o Dr. Vivek Singh, Singrauli

Block 20/53, Budh Bihar Colony, Mal Road, Varanasi.

2.

Kiran Singh Wife of Late Rameshwar Singh, Daughter of Late Rameshwar

Singh Resident of Village- Chhotaki Kulharia, P.S. Mohania, District-

Kaimur, Bhabua, Presently residing at B/5 Karm Bhumi Apartment C.H.S.

Ltd., Jain Mandir Road, Virar (W), Mumbai- 401303.

3.

Ajan Kumar Singh Son of Late Rameshwar Singh Resident of Village-

Chhotaki Kulharia, P.S. Mohania, District- Kaimur, Bhabua, Presently

residing at B/5 Karm Bhumi Apartment C.H.S. Ltd., Jain Mandir Road,

Virar (W), Mumbai- 401303.

4.

Jitiksha Singh Daughter of Late Rameshwar Singh Resident of Village-

Chhotaki Kulharia, P.S. Mohania, District- Kaimur, Bhabua, Presently

residing at B/5 Karm Bhumi Apartment C.H.S. Ltd., Jain Mandir Road,

Virar (W), Mumbai- 401303.

5.

Neema Singh Daughter of Late Rameshwar Singh Resident of Village-

Chhotaki Kulharia, P.S. Mohania, District- Kaimur, Bhabua, Presently

residing at B/5 Karm Bhumi Apartment C.H.S. Ltd., Jain Mandir Road,

Virar (W), Mumbai- 401303.

6.

Krishna Kumar Singh Son of Rang Bahadur Singh Resident of Village-

Chhotaki Kulharia, P.S. Mohania, District- Kaimur, Bhabua, Presently

correspondence Address at A 402 Vamika Kunj Apartment, B.V. College

Khajpura, Rukunpura, Patna.

7.

Rudresh Kumar Singh Son of Rang Bahadur Singh Resident of Village-

Chhotki Kulharia, P.S. Mohania, District- Kaimur Bhabua, Present

correspodence Address at A 402 Vamika Kunj Apartment, B.V. College

Khajpura, Rukunpura, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Radha Mohan Pandey

For the Respondent/s

:

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

07-07-2022

Heard Mr. Radha Mohan Pandey, learned counsel for

Patna High Court C.Misc. No.404 of 2020(2) dt.07-07-2022

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the petitioner.

Petitioner is the defendant no. 1 in Title Suit No. 781 /

2014 filed by plaintiff – respondent 1^st set claiming her 1/3^rd

share in the suit property described at schedule d of the plaint.

Both the plaintiff as well as defendant – petitioner are brother

and sister. The petitioner is aggrieved by an order dated 03 /

12 / 2019 by which the objection of the petitioner that the

plaintiff cannot be permitted to lead evidence on the point of

date of death of her father in absence of pleading in the plaint

has been rejected.

Learned counsel for the petitioner vehemently argued

that it is a cardinal principle that in absence of pleading a party

cannot be permitted to lead evidence inasmuch as a party

should not be permitted to travel beyond its pleadings. He

further submitted that in the plaint the date of death of Rajendra

Prasad Singh (father of the plaintiff) has not been mentioned

meaning thereby that pleading with regard to date of death of

father of the plaintiff is absent. Upon commencement of trial

the plaintiff – respondent filed her examination -in- chief on

affidavit in which she has stated that her father died on 04 /

02 / 2006, whereas, the petitioner in his written statement in

paragraph no. 22 has specifically stated that his father Rajendra

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Singh has died on 04 / 01 / 2000. Accordingly the petitioner