Patna High Court

Taufilal Yadav @ Tofilal Yadav @ Tophilal YadavversusChalittar Yadav

Decided: 19 January 2026
Disposal: DISPOSED
Bench: S B P SINGH

Holding

The order rejecting the marking of the judgment, decree, and compromise petition as exhibits is set aside, and the petitioner is permitted to produce them upon payment of Rs. 4,000 to the respondents.

Summary

The petitioners filed a civil miscellaneous application seeking to have the judgment and decree of a 1974 partition suit, along with the compromise petition, marked as exhibits in their pending Title Suit No. 87 of 1985. The trial court had earlier rejected this request on 07.08.2025. The petitioners argued that the documents are essential for a complete adjudication and that the judgment and decree are public documents, while the compromise petition, though not public, is equally necessary. The High Court held that the trial court's order was erroneous and set it aside, directing the petitioners to produce the documents in evidence upon payment of Rs. 4,000 to the legal heirs of Respondent No. 2. The Court also instructed the trial court to expedite disposal of the 1985 suit and ordered both parties to cooperate. Consequently, the application was disposed of with the above directions.

Issues considered

What is the appropriate procedure for marking a judgment, decree, and compromise petition as exhibits in a pending suit?
Whether the trial court's order rejecting the marking of such documents can be set aside?
Whether the petitioner should be required to pay costs to the respondents for producing the documents?

Subjects

Civil Procedure Code
Evidence Act
Exhibits
Partition suit
Compromise petition
Laches
Cost award
Judgment marking

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
           CIVIL MISCELLANEOUS JURISDICTION No.1437 of 2025
     ======================================================
1.    Taufilal Yadav @ Tofilal Yadav @ Tophilal Yadav S/o Late Maheshwar
      Yadav, R/o Village and PO-Madhiya, PS-Basopatti, District-Madhubani.
2.   Rambeer Yadav, S/o Late Maheshwar Yadav, R/o Village and PO-Madhiya,
     PS-Basopatti, District-Madhubani.
3.   Daulat Devi, D/o Late Maheshwar Yadav, R/o Village and PO-Madhiya, PS-
     Basopatti, District-Madhubani.
4.   Sangyan Devi, D/o Late Maheshwar Yadav, R/o Village and PO-Madhiya,
     PS-Basopatti, District-Madhubani.
5.   Kusma Devi, D/o Late Maheshwar Yadav, R/o Village and PO-Madhiya, PS-
     Basopatti, District-Madhubani.
                                                             ... ... Petitioner/s
                                      Versus
1.   Chalittar Yadav S/o Late Saukhi Yadav, R/o Village and PO-Madhiya, PS-
     Basopatti, District-Madhubani.
2.1. Bina Devi W/o Late Indranarain Yadav, Resident of Village and Post -
     Madhiya, P.S. Basopatti, District- Madhubani.
2.2. Umesh Yadav Son of late Indranarain Yadav, Resident of Village and Post -
     Madhiya, P.S. Basopatti, District- Madhubani.
2.3. Amod Yadav Son of late Indranarain Yadav, Resident of Village and Post -
     Madhiya, P.S. Basopatti, District- Madhubani.
2.4. Jai Shankar Yadav S/o Late Indranarain Yadav, Resident of Village and Post
     - Madhiya, P.S. Basopatti, District- Madhubani.
2.5. Nitish Kumar S/o Late Indranarain Yadav, Resident of Village and Post -
     Madhiya, P.S. Basopatti, District- Madhubani.
2.6. Prakash Kumar Yadav S/o Late Indranarain Yadav, Resident of Village and
     Post - Madhiya, P.S. Basopatti, District- Madhubani.
2.7. Manash Kumar Maramhansh S/o Late Indranarain Yadav, Resident of
     Village and Post - Madhiya, P.S. Basopatti, District- Madhubani.
2.8. Meera Yadav D/o late Indranarain Yadav, Resident of Village and Post -
     Madhiya, P.S. Basopatti, District- Madhubani.
3.   Kirteshwar Yadav, S/o Laxmi Yadav, R/o Village and PO-Madhiya, PS-
     Basopatti, District-Madhubani.
4.   Rajendra Yadav, S/o Bahadur Yadav, R/o Village and PO-Madhiya, PS-
     Basopatti, District-Madhubani.
5.   Chitrohan Yadav, S/o Tanuk Yadav, R/o Village and PO-Madhiya, PS-
     Basopatti, District-Madhubani.
6.   Vishwanath Yadav, S/o Late Shiv Shankar Yadav, R/o Village and PO-
     Madhiya, PS-Basopatti, District-Madhubani.
7.   Raghunath Yadav, s/o Late Shiv Shankar Yadav, R/o Village and PO-
     Madhiya, PS-Basopatti, District-Madhubani.
8.   Suryamukhi Devi, D/o Late Shiv Shankar Yadav, R/o Village and PO-
Patna High Court C.Misc. No.1437 of 2025(6) dt.19-01-2026
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        Madhiya, PS-Basopatti, District-Madhubani.
  9.    Smt. Durga Devi, D/o Late Shiv Shankar Yadav, R/o Village and PO-
        Madhiya, PS-Basopatti, District-Madhubani.
  10. Smt. Devta Devi, D/o Late Shiv Shankar Yadav, R/o Village and PO-
      Madhiya, PS-Basopatti, District-Madhubani.
  11. Smt. Tripula Devi, W/o Prem Kumar Yadav, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  12. Mosomat Rajwati Devi, W/o Late Chandradev Yadav, R/o Village and PO-
      Madhiya, PS-Basopatti, District-Madhubani.
  13. Saroj Kumar Yadav, S/o Late Chandradev Yadav, R/o Village and PO-
      Madhiya, PS-Basopatti, District-Madhubani.
  14. Ram Prabhu Yadav, S/o Late Chandradev Yadav, R/o Village and PO-
      Madhiya, PS-Basopatti, District-Madhubani.
  15. Subhash Yadav, S/o Late Chandradev Yadav, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  16. Smt. Indu Devi, W/o Rajendra Yadav, R/o Village-Kalna, PS-Harlakhi,
      District-Madhubani.
  17. Rajdev Yadav, S/o late Gaudi Shankar Yadav, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  18. Mosomat Shanti Devi, W/o Late Bishundev Yadav, R/o Village and PO-
      Madhiya, PS-Basopatti, District-Madhubani.
  19. Sujit Kumar @ Pappu, S/o Late Bishundev Yadav, R/o Village and PO-
      Madhiya, PS-Basopatti, District-Madhubani.
  20. Ajit Kumar, S/o Late Bishundev Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  21. Rajwanshi Yadav, S/o Kashi Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  22. Om Prakash Yadav, S/o Rajwanshi Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  23. Ricko Devi W/o late Devnath Yadav, Resident of Village and Post -
  1. Madhiya, P.S. Basopatti, District- Madhubani.
  23. Rita Devi D/o late Devnath Yadav, Resident of Village and Post - Madhiya,
  2. P.S. Basopatti, District- Madhubani.
  25. Surya Narayan Yadav, S/o Late Balu Yadav, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  27. Madho Yadav, S/o Late Praduman Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  29. Smt. Pitambari Devi, D/o Late Ganga Yadav, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  30. Dinesh Yadav, S/o Late Ganga Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  31. Birendra Yadav, S/o Late Ganga Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
Patna High Court C.Misc. No.1437 of 2025(6) dt.19-01-2026
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  32. Ashok Kumar Gupta, S/o Late Chhotai Yadav, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  33. Masomat Kagti Devi, W/o Late Pulkit Yadav, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  34. Laldev Yadav, S/o Late Pulkit Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  35. Baldev Yadav, S/o Late Pulkit Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  36. Smt. Binda Devi, W/o Ramnandan Yadav, R/o Village and PO-Malmal, PS-
      Kaluahi.
  37. Smt. Indeshiya Devi, W/o Khushilal Yadav, R/o Village-Chhataini, PS-
      Basopatti, District-Madhubani.
  38. Sonfil Yadav, S/o Darbari Yadav, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  40. Mahendra Sahni, S/o Keshi Sahni, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  41. Bisheshwar Sahni, S/o Late Janak Sahni, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  42. Gulesh Sahni, S/o Late Janak Sahni, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  43. Umesh Sahni, S/o Late Janak Sahni, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  44. Smt. Sunita Devi, W/o Late Bindeshwar Sahni, R/o Village and PO-
      Madhiya, PS-Basopatti, District-Madhubani.
  45. Smt. Anita Devi, W/o Shankar Sahni, R/o Village-Kuleshwar, PS-Basopatti,
      District-Madhubani.
  46. Bechan Sahni, S/o Late Maheshwar Sahni, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  47. Fekan Sahni, S/o Late Maheshwar Sahni, R/o Village and PO-Madhiya, PS-
      Basopatti, District-Madhubani.
  48. Amlesh Sahni, S/o Late Maheshwar Sahni, R/o Village and PO-Madhiya,
      PS-Basopatti, District-Madhubani.
  49. Raghunath Yadav, S/o Shiv Shankar Mandal, R/o Village and PO-Madhiya,
       PS-Basopatti, District-Madhubani.
                                                           ... ... Respondent/s
      ======================================================
       Appearance :
       For the Petitioner/s      :        Mr.Baidya Nath Thakur, Adv.
                                          Mr. Kaushik Deo, Adv.
       For the Respondent/s      :        Ms.Vagisha Pragya Vacaknavi, Adv.
                                          Mr. Binod Kumar Singh, Adv.
                                          Ms. Saatvika Singh, Adv.
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                             ORAL ORDER
         Patna High Court C.Misc. No.1437 of 2025(6) dt.19-01-2026
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6   19-01-2026                  The instant Civil Miscellaneous application has been

                   filed against the order dated 07.08.2025 passed by the 2 nd Sub-

                   Judge, Madhubani in TS No. 87 of 1985 whereby the

                   petitioner’s prayer to mark the judgment and decree filed therein

                   be marked as Exhibits was rejected.

                                2. Learned counsel for the petitioner submits that he

                   has filed Title Suit No. 87 of 1985 and as per his submission,

                   earlier Partition Suit No. 111 of 1974 was filed in which

                   judgment and decree was passed on the basis of compromise

                   petition filed by both the parties. In the present suit, he has

                   already filed the compromise petition earlier filed in Partition

                   Suit No. 111 of 1974 and judgment and decree thereof passed in

                   that suit but inadvertently that judgment and decree as well as

                   compromise petition has not been marked as Exhibits due to his

                   laches. Presently, this case is at the stage of final argument.

                                3. Learned counsel further submits that the above

                   documents are essential for proper and complete adjudication of

                   this case and copy of judgment and decree passed in Partition

                   Suit No. 111 of 1974 is a public document whereas the

                   compromise petition is not a public document.

                                4. Keeping in view the aforesaid facts and considering

                   the fact that both the documents are essential for proper and
          Patna High Court C.Misc. No.1437 of 2025(6) dt.19-01-2026
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                    complete adjudication of this case, the impugned order dated

                    07.08.2025 stands set aside. The plaintiff/petitioner is afforded

                    an opportunity to prove the aforesaid documents by producing

                    the same in evidence and for this, he has to pay a cost of Rs.

                    4,000/- to the legal heirs of respondent no. 2 within a period of

                    one month from the date of receipt of this order. The respondent

                    will be given an opportunity for rebuttal of the above

                    documents.

                                 5. Since the case is of the year 1985, learned Trial

                    Court is requested to dispose of the matter as early as possible.

                    Both the parties are also requested to diligently co-operate in the

                    trial.

                                 6.    With      the    aforesaid     directions,   the   instant

                    application stands disposed of.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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