Revision petition under Article 226 against dismissal of objection to exhibits dismissed as withdrawn during pendency, with liberty to raise pleas before appellate court.
Revision petition dismissed as withdrawn with liberty to raise pleas before appellate court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.537/2011 Date of decision:15.2.2011.
Avtar Singh
.............Petitioner
v
State of Punjab and others
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.TK Joshi,Advocate for the petitioner.
Jaswant Singh,J(Oral).
Plaintiff/petitioner has filed the present revision petition under Article 227 of the Constitution assailing the order dated 19.1.2011 whereby his application for de-exhibiting documents Ex.D1 to D10 has been dismissed on the ground that at the time of their being led in evidence and tendering exhibits no protest was made by the counsel for the plaintiff. It was further noticed that even otherwise the said documents are copies of jamabandis, rapat roznamcha and mutation etc., being public documents maintained by the revenue authorities and produced in evidence by the Tehsildar-DW1 and admissible in view of the provisions of Section 74 of the Indian Evidence Act .
At the time of hearing, learned counsel for the petitioner
states that during the pendency of the present revision petition the suit of the plaintiff has been dismissed and he is in the process of filing an appeal. It is prayed that present revision petition be dismissed as withdrawn with liberty to the petitioner to raise all the pleas before the appellate court.
In view of such circumstances the present revision petition is dismissed as withdrawn with liberty to raise all the pleas in accordance with law in appropriate proceedings.
15.2.2011. (Jaswant Singh) joshi Judge
Avtar Singh
State of Punjab
Jaswant Singh
As recorded by the court registry
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