[ 2026:JHHC:14918] 1 C.M.P. No. 114 of 2026 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 114 of 2026 Nadeem Ahmad, aged about 53 years, son of Late Md. Shamim, resident of Gali No.5, Road No.02, Old Karimganj, Civil Line, P.O.- Gaya, P.S. Civil Line, District Gaya (Bihar), presently residing at 24 Moor Copse Close, Earley, Reading, Berkshire, R.G. 67NA (UK) through his constituted attorney Rayees Ahmad Ansari, aged about 75 years, son of Late Anisur Rehman, resident of Suhana City, Churi Tola, Block Road, Kanke, P.O. and P.S. -Kanke, District Ranchi (Jharkhand) ...... Plaintiff/Petitioner Versus 1. Mir Ibnul Hussain @ Ibne, son of Late Mir Nisarul Hussain, resident of Moula Baba Lane Shanti Nagar, Chini Mill, Gajadharganj, P.O. and P.S. Buxar Nagar, District Buxar (Bihar) at present residing at Millat Colony, P.O. and P.S. Kanke, District Ranchi (Jharkhand) 2. Mohammad Hasim son of Late Mohammad Rahim, resident of Millat Colony, Kanke, P.O. and P.S. Kanke District Ranchi (Jharkhand). 3. Wajeda Tabassum, wife of Mohammad Hasim and daughter of Syed Akil Ahmad, resident of Qr. No. 1B/46, Sawang Colliery, Ρ.Ο. and P.S. Gomia Bisra, District Bokaro, at present residing at Millat Colony, Kanke, P.O and P.S. Kanke, District Ranchi, (Jharkhand) .….. Defendants/Opposite Parties For the Petitioner : Mr. Amar Kr. Sinha, Adv. For the O.Ps : Mr. Shashank Shekhar, Adv. P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Civil Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Articles 227 of the Constitution of India with the prayer to quash and set aside the order dated 05.01.2026 passed by learned Civil Judge (Sr. Division), VIII, Ranchi in Original Suit No. 879 of 2023 contained in Annexure 4 [ 2026:JHHC:14918] 2 C.M.P. No. 114 of 2026 of this petition, whereby and where under, learned Civil Judge (Sr. Division), VIII, Ranchi rejected the petition by drawing adverse inference that the sale deed no. 8951 dated 15.09.2003, shall be excluded from the evidence, though the same was later on marked as Exhibit 1, in the said suit. Further prayer has also been made to quash and set aside the order dated 15.01.2026 passed by learned Civil Judge (Sr. Division), VIII, Ranchi in Original Suit No. 879 of 2023 whereby and where under, learned Civil Judge (Sr. Division), VIII, Ranchi rejected the petition to recall the order dated 05.01.2026. 3. The brief facts of the case is that the petitioner, herein, who is the plaintiff of the Original Suit No. 879 of 2023 filed a petition under Order VII Rule 14 (3) of the Code of Civil Procedure and though the plaintiff ought to have produced the said sale deed no. 8951 dated 15.09.2003 when the plaint was presented and ought to have entered the same in the list of documents filed along with the plaint but the same could not be filed nor entered in the said list, as the said sale deed was not in the possession of the plaintiff, hence, the plaintiff prayed that leave be granted to admit the said sale deed in evidence and the same was allowed with the cost of Rs. 3,000/- and the cost was paid but the said sale deed was not produced. Thereafter, the plaintiff filed a petition with the prayer to file the said sale deed at a later stage, when the plaintiff would come to India in 2nd / 3rd January, 2026 and in the meantime, the defendants may be directed to receive cost and cross examine the PW5. The said petition was rejected by learned Civil Judge, (Sr. [ 2026:JHHC:14918] 3 C.M.P. No. 114 of 2026 Div), VIII, Ranchi and it was observed in the concerned rejection order of the petition, that adverse inference be drawn against the plaintiff and the said sale deed no. 8951 dated 15.09.2003 shall be excluded from the evidence with liberty to the plaintiff to examine himself only on the very next date without fail otherwise, the plaintiff shall be liable for closure of plaintiff’s evidence, and the plaintiff’s evidence shall be closed on the next date. Subsequently, on 07.01.2026, the said sale deed no. 8951 dated 15.09.2003 was produced by the plaintiff and the same has been marked as exhibit by the Civil Judge (Senior Division), VIII, Ranchi vide Exhibit ‘1’ in the said suit. 4. A petition was filed on 12.01.2026 under Section 151 of CPC by the plaintiff in the said suit, with the prayer to recall the order said dated 05.01.2026 passed in the said Original Suit No. 879 of 2023, so far as it relates to drawing of adverse inference and that the sale deed no. 8951 dated 15.09.2003 be excluded from the evidence. The learned Civil Judge, (Sr. Div), VIII, Ranchi rejected the said petition on the ground that the civil court has no power to review its own order. 5. It submitted by the learned counsel for the petitioner and learned counsel for the Opp. Parties that since the said sale deed no. 8951 dated 15.09.2003 has already been marked as Ext. 1, so otherwise also the said order dated 05.01.2026, so far as it relates to the observation of drawing adverse inference and that the sale deed no. 8951 dated 15.09.2003 be excluded from the evidence, has become irrelevant hence, the prayer be allowed. [ 2026:JHHC:14918] 4 C.M.P. No. 114 of 2026 6. Considering the facts, since the original sale deed no. 8951 dated 15.09.2003 has already been marked as Exhibit subsequent to the passing of the order dated 05.01.2026 in connection with Original Suit No. 879 of 2023 wherein adverse inference was observed to be drawn in respect of the sale deed no. 8951 dated 15.09.2003 and that the same shall be excluded from the evidence, this Court is of the considered view that the said observation has become redundant and irrelevant. Accordingly, the said observation as made in the order dated 05.01.2026 passed in connection with Original Suit No. 879 of 2023, is quashed and set aside. 7. In the result, this Civil Miscellaneous Petition is allowed to the aforesaid extent only. 8. In view of the disposal of this Civil Miscellaneous Petition, the interim order passed vide order dated 27.01.2026 is vacated. 9. Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 11th May, 2026 Smita /AFR Uploaded on 19.05.2026