IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1391 of 2018

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Aziz Ahmad Khan Son of late Ashfaque Ahmad Khan Resident of Basement Floor,

Abdul Hai Commercial Complex, Exhibition Road, Post Office- G.P.O. Police

Station- Gandhi Maidan, District- Patna.

.... .... Appellant/s

Versus

1. Dr. Ahmad Abdul Hai Son of late Dr. M.A. Hai

2. Hashmat Hai Wife of Dr. Ahmad Abdul Hai

3. Mohamid Abdul Hai Son of Dr. Ahmad Abdul Hai

4. Hamida Hai Daughter Dr. Ahmad Abdul Hai

5. Kulsum Hai Daughter Dr. Ahmad Abdul Hai

6. Nilofar Hai Wife of Dr. Hamid A. Hai.

7. Ayesha Hai Daughter of Dr. Mahmood A. Hai.

8. Yusuf Abdul Hai Son of Dr. Mahmood A. Hai All Residents of Abdul Hai

Commercial Complex Exhibition Road, Post Office- G.P.O. Police Station- Gandhi

Maidan, District- Patna.

.... .... Respondent/s

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Appearance :

For the Appellant/s : Mr. Manoj Kumar, Adv.

For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL JUDGMENT

Date: 01-10-2018

Heard learned counsel appearing on behalf of the petitioner

and learned counsel for the respondents.

The petitioner has filed this Civil Miscellaneous petition

against the order dated 26.06.2018 passed in Eviction Suit No.

74/2012 by which the learned Sub-Judge I, Patna marked the

judgement and decree passed in Title Partition Suit No. 633/2012 as

exhibit.

Mr. J. M. Sharma learned counsel for the petitioner submits

that suit is pending for the evidence of defendants. The plaintiff has

already closed his evidence. Plaintiff could not file any petition for

allowing him to adduce some evidence, but while the evidence of

Patna High Court C.Misc. No.1391 of 2018 dt.01-10-2018

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defendant was going on, plaintiff filed a petition that a judgement and

decree passed in Title Partition Suit No. 633/2012 be admitted for

evidence and the learned court allowed the same and marked the

judgment and decree as exhibits on the ground that it is public

document.

Learned counsel for the respondents/plaintiffs submits that

of course, some error has been committed, but the defendant is at

liberty to recall the plaintiff for his further cross-examination, if the

defendant petitioner wants to recall the plaintiff for further cross-

examination on the point of Title Partition Suit No. 633/2012, the

plaintiff has got no objection. The defendant may also give evidence

as the evidence of defendant is going on.

Having considered the facts aforesaid, I dispose of this Civil

Misc. petition with liberty to the defendant to file petition for recall of

plaintiff to cross-examine him on this point at any time before closing

of his case and also adduce evidence if he so desires.

Accordingly, this Civil Miscellaneous petition is disposed

of.

Vinita/-

(Prabhat Kumar Jha, J.)

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Uploading Date 12.10.2018

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