CWJC dismissed a writ petition challenging a rejection of an application to mark medical documents as exhibits, holding the petition lacked bona fides and abused process.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4184 of 2012
====================================================== Laxamina Devi W/O Shri Ramjee Shah R/O Kagaji Muhalla, Kagji Daldari Siwan, P.S. Siwan Town, District Siwan. .... Plaintiff.... Petitioner Versus Laxamuan Prasad S/O Late Shri Ganesh Ram R/O Kagaji Muhalla Near Bramh Sthan, P.S. Siwan Town, District Siwan. .... Defendant.... Respondent ====================================================== Appearance : For the Petitioner : Mr. Chandra Kant Mr. Mr. Subhash Patel For the Respondent : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 4 24-09-2013 1. The petitioner is aggrieved by an order dated 21.11.2011 passed by learned Sub-Judge IV, Siwan in Title Suit No. 104 of 2003 whereby the Court below has rejected a petition for marking certain documents as exhibits.
Patna High Court CWJC No.4184 of 2012 (4) dt.24-09-2013 P2/5
Respondent are related to each other, petitioner being wife of elder brother of the Respondent. Her claim is, that she had purchased the suit premises on 01.10.1988 from one Raj Kumar Gupta. As she had a different house also, she used to reside there and had allowed the Respondent to live in the suit premises on payment of monthly rent of rupees two hundred. She felt need of some money and expressed her desire to mortgage the suit property in favour of the Respondent. Her claim is that she went to the Registry Office for execution of mortgage deed alongwith Respondent, but for some reason or the other, the Respondent got executed the sale deed by the petitioner in his favour and he executed an agreement to sale.
Patna High Court CWJC No.4184 of 2012 (4) dt.24-09-2013 P3/5
application that in course of Examination-in-Chief, she specifically stated that she was amnesiac and her treatment was going on at several places.
Patna High Court CWJC No.4184 of 2012 (4) dt.24-09-2013 P4/5
exhibited for the purpose of just adjudication of the case as the mental health of the plaintiff was an important factor which the Court below was required to take into account, while deciding the case finally. He contended that the petitioner was not in proper mental shape to be cross-examined and her husband had knowledge about every fact in connection with the dispute.
Patna High Court CWJC No.4184 of 2012 (4) dt.24-09-2013 P5/5
not relevant for the purpose of just decision of the case. In course of argument, learned counsel for the petitioner failed to satisfy this Court as to how these documents could affect the decision on the dispute between the parties which is pending before the Court below.
(Chakradhari Sharan Singh, J.)
Saif/-
2 issues framed by the court
Whether the High Court can interfere under Article 227 when no jurisdictional error exists.
Whether the filing of irrelevant medical documents constitutes abuse of judicial process.
Laxamina Devi
Laxamuan Prasad
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
