Suresh Prasad vs Suraj Kumar Bhadani
2025 Latest Caselaw 4495 Jhar

Jharkhand High Court

Suresh Prasad vs Suraj Kumar Bhadani on 2 April, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          First Appeal No. 149 of 2023
                                      With
                              I.A. No. 4092 of 2025

                Suresh Prasad                                  ...     ...      Appellant
                                Versus
            Suraj Kumar Bhadani        ...             ...       Respondent
                                ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mrs. Swati Shalini, Advocate For the Respondent : Mr. Rohit Ranjan Sinha, Advocate

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18/02.04.2025 This I.A. has been filed under Order 41 Rule 27 CPC seeking to

adduce additional evidence before this court. The document which is

sought to be adduced as additional evidence has been placed along

with supplementary affidavit dated 28.03.2025.

2. Two documents have been produced through the supplementary

affidavit, one is certified copy of the judgment dated 11.05.2023

passed in G.R. Case No. 1049 of 2008 and the other is photocopy of

the legal notice dated 27.08.2007 along with the photocopy of the

postal receipt but the date of dispatch is not apparent from the postal

receipt .

3. Upon a query of this court, the learned counsel for the appellant

has submitted that she is not in a position to produce the original of

annexure-2 as the same was dispatched and she does not even have the

original of the postal receipt. It has been stated in the petition seeking

additional evidence that the same was filed in the court but

inadvertently could not be marked as exhibit. No such statement has

been made in the interlocutory application to show that the A/D or the

postal receipt was also filed in the court and the photocopy of the document which has been annexed along with the legal notice is not

the A/D.

4. However, the counsel for the respondent prays for and is

granted 10 days' time to file a response to the interlocutory application

as well as the supplementary affidavit.

5. Let the needful be done by 11.04.2025.

6. Post this case on 15.04.2025.

(Anubha Rawat Choudhary, J.) Binit