“The petitioner, being the legal heirs of Late Shivnath Prasad Singh has instituted a Title Suit, being T.S. No. 466/2012, for declaration of right, title and interest over a plot of land, so described in the Schedule A, B, C and D of the Title Suit. In the said Title Suit the petitioner has submitted evidence on affidavit of 5 witnesses. But, before cross-examination of PW-1 and PW-4, they suffered demise and as such, the plaintiff had filed a petition No. 1749/2019, for allowing the plaintiff to file additional evidence of PW-3 for exhibiting the documents which have been filed with the evidence of affidavit of PW-1. The plaintiff No.2 had also filed another petition being petition No. 1748/2019, under Order 16 Rule 3 of C.P.C. to allow them to give evidence of one witness, namely Chandra Singh, who is the family member of the plaintiff and defendant, though his name was not given in the list of witnesses, on the death of P.W.4. Then after hearing the learned counsel for both the parties, the learned court below had dismissed both the petitions on the ground that Order 16 Rule 3 of the C.P.C. is not attracted at that stage and further holding that PW-3 who is the plaintiff No. 2 in his evidence on affidavit has already exhibited the documents as Exhibit 1 - 8 and the same set of documents sought to be exhibited by the deceased plaintiff No. 1 Shivnath Prasad Singh. Be it noted here that the respondents, though entered appearance have not filed any objection in this petition.”
