IN THE HIGH COURT OF JHARKHAND RANCHI
W.P. (C) No. 2216 of 2009
Ramanand Singh ... ... ... Petitioner
Versus
Rajesh Chandra Jha Respondents
CORAM: THE HON'BLE MR. JUSTICE PRASHANT KUMAR
............
For the Petitioner : Mr. Ranjan Kumar Singh
For the Respondent :
ORDER
4/13.07.2011
This writ application filed against the order dated
28.01.2009 passed by Sub-Judge-I Deoghar in Title Suit No. 164 of
2006, whereby application of petitioner for expunging the evidence of
plaintiff-witness Dilip Kumar has been rejected.
It appears that said application has been filed on the
ground that aforesaid plaintiff-witness had proved a document, for
which leave of court has not been taken. It appears from order that
after examination of aforesaid plaintiff-witness Dilip Kumar, permission
has already been granted for production of said document. Thus in my
view defect pointed out by defendant has already been cured.
Under the said circumstance, learned court below has
rightly concluded that application filed by defendant for expunging the
evidence of plaintiff-witness Dilip Kumar has become infructuous.
Accordingly, I find no illegality.
This application is dismissed.
(Prashant Kumar, J.)
Binit