Disposed
Birendra Mishra v. Dewanti Devi and Ors.
Patna HCC.Misc./1338/2018
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COURT OF JUDICATURE AT PATNA CIVIL…
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1338 of 2018
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Birendra Mishra S/o Ram Briksh Mishra, R/o Village- Khap Banakata Toil Mishrauli, P.O.- Sahpur, P.S.- Nawtan, District- Siwan.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Chandra Kant, Advocate For the Respondent/s : Mr.Prakash Chandra Jha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
12 03-10-2023 Heard the parties.
2. This application has been filed for quashing of the
order dated 09.07.2018 passed by learned Sub-Judge III, Siwan in Title Suit No. 187 of 2000 by which learned court below has refused to mark exhibit public document in evidence.
3. Learned counsel for the petitioner submits that he will be satisfied if he is permitted to file a fresh application in the court below making a prayer for which the present application was filed to be marked as secondary evidence.
4. Mr. Prakash Chandra Jha, learned counsel for the
Patna High Court C.Misc. No.1338 of 2018(12) dt.03-10-2023 2/2
respondents has no objection to the same.
5. In view of the above, this application is disposed of.
The petitioner is given liberty to file an application to mark the
document in question as secondary evidence.
(Sandeep Kumar, J)
Harsh/
U
1 issue framed by the court
Whether the petitioner can be permitted to file a fresh application to mark the public document as secondary evidence in the court below.
Birendra Mishra
Dewanti Devi
Ramawati Kunwar
Mantosh Kumar
Binita Kumari
Lalita Kumari
Sandeep Kumar
As recorded by the court registry
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