High Court Patna High Court - Orders

Binda Singh vs Nawal Singh @ Nageshwar … on 7 April, 2011

Patna High Court – Orders
Binda Singh vs Nawal Singh @ Nageshwar … on 7 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.15644 of 2010
                                    BINDA SINGH
                                        Versus
                     NAWAL SINGH @ NAGESHWAR SINGH & ORS.
                                      -----------

2. 07.04.2011 Learned counsel for the petitioner submits

that the informatory petition sought to be brought in as

additional evidence at the appellate stage was but

executed by respondent no. 1 and which was in direct

contradiction of his stand in the written statement. It

was therefore prima facie necessary material. What

would have been its evidentiary value was matter to be

tested subsequently. By the impugned order the Court

has pre-judged the issue by arriving at the conclusion

that it was irrelevant.

Issue notice to respondent nos. 1 to 6, both

under registered cover with A/D as well as ordinary

process, for which requisites etc. must be filed within

one week, failing which this application shall stand

rejected without further reference to a Bench.

Pending disposal of this application, the

operation of the proceeding dated 3.12.2009 in Title

Appeal No. 19 of 2003/03 of 2005, pending before the

Fast Track Court No. III, Nawadah, shall remain stayed.

P. Kumar                                            ( Navin Sinha, J.)