Kailash Ram Ganjhu v. Krishna Ran Ganjhu
Case at a glance
Outcome
Allowed
Accordingly, this instant writ petition is hereby allowed directing
Provisions considered
- Constitution of India art. 227
- Indian Evidence Act, 1872 s. 74
- Code of Civil Procedure, 1908 O. XLI r. 27
Judgment
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO …......... : Mr. Vibhor Mayank, Advocate For the Petitioners For the respondents : Mr. Ayush Aditya, Advocate. .......... 05/07.06.2022. Heard, learned counsel for the parties. Learned counsel, Mr. Vibhor Mayank on the instruction of learned counsel for the petitioners, Mr. Rohit Roy has submitted, that the petitioners have preferred this writ petition under Article 227 of the Constitution of India for quashing the order dated 27.05.2009 passed by learned Additional Judicial Commissioner, F.T.C., Khunti in Title Appeal No.06/1996, whereby the application filed under Section 74 of the Evidence Act read with Order XLI Rule 27 and Section 151 CPC filed on behalf of the appellants / petitioners to admit in evidence the certified copy of the Khatiyan of Khata No.58 of Village- Hutubdag has been rejected by the court below. Learned counsel for the petitioners has submitted, that learned Court below has rejected the application on the ground that earlier similar prayer of the appellants / petitioners have been rejected by the Hon’ble High Court in Civil Revision No.98/1998(R) in terms of order dated
Operative part
15.12.1998. Learned counsel for the petitioners has further submitted, that it is an apparent error of record, the said order was passed against the rejection with regard to another issue of amendment and as such, the impugned order is fit to be set aside. -2- Learned counsel for the respondents, Mr. Ayush Aditya has submitted, that it is true that this issue has come up before this Court first time and application has been filed under Section 74 of the Evidence Act read with Order XLI Rule 27 and Section 151 CPC to admit the Khatiyan on record, as such, this Court may pass necessary order. From perusal of the record, it appears that Civil Revision No.98/1998(R) was preferred by Kailash Ram Ganjhu against the refusal of the amendment of the written statement, which has nothing to do with the present issue at hand. Accordingly, this instant writ petition is hereby allowed directing the Court below to accept and admit the certified copy of Khatiyan of Khata No.58 of Village- Hutubdag on record and proceed in the appeal, which is pending since 1996, in accordance with law without giving unnecessary adjournment. I.A. No.5541/2021 is disposed of. Jay/ (Kailash Prasad Deo, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this instant writ petition is hereby allowed directing
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Indian Evidence Act, 1872 — s. 74; Code of Civil Procedure, 1908 — O. XLI r. 27.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.