Mahendra Sah vs Md. Raju and Others

R.K. Merathia, J.—This writ petition has been filed against the order dated 7.6.2008 passed by learned Additional District Judge-I, Sahibganj in Title Appeal No. 29 of 2007, rejecting the petition filed by the Petitioner under Order XLI, Rule 27 and Section 151 of the CPC for bringing on record certain documents.

It is submitted that the documents sought to be brought on record were pleaded in written statement, but could not be produced during trial for the reasons mentioned in paragraph-6 of the petition filed before the lower appellate court.

On the other hand, learned Counsel, appearing for the Respondents supported the impugned order and submitted that Petitioner could not show that inspite of due diligence, the said documents could not be produced by him in the trial court; and moreover the documents sought to be produced are attested copies.

It appears that certain attested copies of the documents were sought to be marked as Exhibit on the ground that they are public documents and that inspite of due diligence they could not be produced before the trial court, but it appears that Petitioner could not satisfy the lower appellate court that inspite of due diligence, he could not produce the said documents before the trial court.

In my opinion, no grounds are made out for interference with the impugned order in exercise of power conferred under Article 227 of the Constitution of India. Accordingly this writ petition is dismissed. However, no costs.