RANCHI, India, Nov. 13 -- Jharkhand High Court issued the following order on Oct. 13:
1. Petitioner is the plaintiff and the instant civil misc. petition has been filed under Article 227 of the Constitution of India for quashing the order dated 05.02.2025 passed in O.S. Case No. 523 of 2020 passed by Civil Judge (Junior Division)-II, Nagar Untari, Garhwa by which the Khatiyan of C.S. Khata No. 267, Plot Nos. 807, 818, 820 and 337 and C.S. Plot No. 834, 835 has been rejected on the ground that the case is posted for argument and the document filed was not in a proper form to be marked as Exhibit.
2. It is submitted by learned counsel for the petitioner that the document was of 30 years old document and there was presumption of due execution of such document under Section 90 of the Evidence Act. Further being a public document, it was a certified copy which will be admissible at any stage. It has not been stated that the said document is not relevant and, the document has been rejected by the learned Trial Court.
3. On perusal of the impugned order, I do not find any cogent reason assigned in the order for dismissing the petition to mark the public document as exhibit. Under the circumstance, the impugned order is set aside.
Learned Trial Court is directed to pass order afresh in accordance with law.
This civil misc. petition is allowed. Pending, I.A., if any, stands disposed of.
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