A single judge dismissed the appellant's civil miscellaneous petition challenging an order allowing the defendant to mark a document obtained via RTI with objection, finding no merit in the allegation of non-aurity.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.519 of 2017
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Versus
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 06-11-2018
Heard the learned counsel for the petitioner.
The petitioner has filed this Civil Misc. petition against the order dated 10.02.2017 passed by learned Sub Judge-I, Birpur in title Suit No. 80 of 2005 by which the learned Sub Judge allowed the petition of the defendant to mark a document as exhibit with objection.
The petitioner is the plaintiff. The petitioner assailed the order on the ground that he was not heard and the document was marked at a very belated stage but I find no substance in the submission of learned counsel for the petitioner. The defendant got the document under Right to Information Act and the court thought that the document is relevant for just decision of the case and, accordingly, marked the document with objection. The evidentiary value of the document can be looked into at the time of argument of the suit.
Having considered the facts aforesaid, I do not find any merit in this Civil Misc. petition and the same is dismissed.
(Prabhat Kumar Jha, J)
BKS/-
U
2 issues framed by the court
Whether the appellant was entitled to appeal against the order allowing the defendant to mark a document as exhibit obtained under RTI with objection.
Whether the failure to hear the appellant prior to marking the document vitiated the lower court's order.
Baleshwar Banewar
Asesar Karaga
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
