Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 915 of 2024
------ Shaibnath Bhandari & Others
.... .... …. Petitioners
Versus Sabitri Devi & Others
.... .... .... Opposite Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners : Mr. Niraj Kishore, Advocate
Ms. Shobha Rani, Advocate For the Opp. Parties : Mr. Ashsih Jha, Advocate
Mr. Kumar Nischay, Advocate
Order No.10 / Dated : 29.08.2025
This case has been listed today on being mentioned by learned counsel, Mr. Niraj Kishore. It is submitted that the petitioners had moved the learned trial Court with two prayers. Firstly, for a direction to the defendant to produce the original partition deed, of which certified copy had been filed by the petitioners before the learned trial Court. Second prayer was to mark the certified copy of the registered partition deed in terms of Sections 79 and 90 of the Evidence Act as exhibit. Both the prayers were turned down. Consequently, civil miscellaneous petition was preferred before this Court.
This Court by the order dated 06.08.2025, has refused to interfere with the order passed by the learned trial Court so far the direction to the defendant to produce original partition deed is concerned. However, no specific order was passed with respect to the prayer to mark the certified copy of partition deed as secondary evidence by the learned trial Court.
Learned counsel, Mr. Ashish Jha appearing on behalf of opposite parties submits that the second prayer so far the exhibit is concerned, it was nowhere raised before the learned trial Court.
Having considered the submissions advanced, there is no need to re-visit the order earlier passed as the observation has already been made that there was no impediment in marking the certified copy of the registered partition deed as an exhibit.
(Gautam Kumar Choudhary, J.) Anit