IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 2478 of 2009
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Mahesh Kumar Goyal (Agarwal) ... Petitioner
Versus
Jagannath Poddar and others ... Respondents
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CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : Mr. Indrajit Sinha
For the Respondents : Mr. S. S. Prasad
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3. 4.02.2010
: This writ petition has been field against the order dated
29.4.2009 passed by the learned 2nd Additional District Judge at
Chaibasa in Eviction Appeal No. 1 of 2006.
Mr. Sinha, appearing for the petitioner submitted that a
petition was filed on behalf of the petitioner under Order XLI Rule
27 of the Code of Civil Procedure for marking the postal rent
receipts as Exhibits which were marked as Ext. ‘Y’ series for
identification in the trial court.
Mr. Arvind Kumar Sinha, appearing for respondent No. 1
submitted that petition filed on behalf of the petitioner dated
19.3.2009 was rightly rejected with certain observations and
therefore there is nothing wrong in the order.
The learned court below observed that petitioner may not
be allowed to fill up laches, lacuna and omission by such prayer.
However, it observed that if the said postal receipts are held to be
public document under Section 74 of the Evidence Act then such
documents may be considered as evidence without taking
additional evidence, while disposing of the appeal, but then it is
observed that the petition dated 19.3.2009 for getting the said
documents marked as exhibit is rejected.
In the circumstances, the order dated 19.3.2009 is clarified
to the extent that if the petitioner satisfies the lower appellate
court that Ext. Y series are public document under Section 74 of
the Evidence Act then in view of the observation of the lower
appellate court itself, the same will be taken into consideration as
evidence on record.
With these clarifications, this writ petition is disposed of.
(R. K. Merathia, J.)
MK