Patna High Court
Pratima GuptaversusMost. Sandhya Devi
- Decided
- Disposal
- DISMISSED
- Bench
- S B P SINGH
Holding
The petition to admit the diary and bank statement as exhibits was dismissed as the documents were not produced within the prescribed time and the suit is already pending since 2018.
Summary
The petitioners filed a civil miscellaneous application challenging the order of the Civil Judge Junior Division‑II, Vaishali, which had rejected their request to mark a diary and a bank account statement as exhibits in Eviction Suit No. 03 of 2018. The eviction suit, filed by the respondent for non‑payment of rent and personal necessity, had already framed issues, and the trial court held that parties must produce all documentary evidence before the settlement of issues. The petitioners admitted that the diary and bank statement were in their possession but failed to produce them within the stipulated time. The trial court therefore dismissed the petition to admit the documents, and the High Court affirmed that the application was without merit. Consequently, the High Court dismissed the petition.
Issues considered
- Whether a party may seek to mark private documents as exhibits after issues have been framed and the prescribed time for production of evidence has lapsed
- Whether the trial court erred in dismissing the petition to admit the diary and bank statement
Subjects
- eviction suit
- documentary evidence
- exhibits
- private documents
- civil miscellaneous jurisdiction
- procedural law
- evidence
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.839 of 2025
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1. Pratima Gupta wife of Late Krishna Kumar Resident of Mahua Singh Rai,
P.S.- Mahua, Dist.- Vaishali, Bihar.
2. Anmol Kumar son of Late Krishna Kumar Resident of Mahua Singh Rai,
P.S.- Mahua, Dist.- Vaishali, Bihar.
3. Jai Prakash Gupta son of Late Vishwanath Sah Resident of Mahua Singh
Rai, P.S.- Mahua, Dist.- Vaishali, Bihar.
4. Om Prakash Gupta son of Late Vishwanath Sah Resident of Mahua Singh
Rai, P.S.- Mahua, Dist.- Vaishali, Bihar.
5. Vijay Kumar Gupta @ Vijay Kumar son of Late Vishwanath Sah Resident of
Mahua Singh Rai, P.S.- Mahua, Dist.- Vaishali, Bihar.
6. Sanni Kumar son of Vijay Kumar Gupta Resident of Mahua Singh Rai, P.S.-
Mahua, Dist.- Vaishali, Bihar.
7. Deepak Kumar son of Jai Prakash Gupta Resident of Mahua Singh Rai, P.S.-
Mahua, Dist.- Vaishali, Bihar.
... ... Petitioner/s
Versus
Most. Sandhya Devi wife of Late Jagannath Singh, Resident of Resident of
Mahua Singh Rai, P.S.- Mahua, Dist.- Vaishali, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Soni
For the Respondent/s : Mr. Surendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
4 02-02-2026 Heard learned counsel for both the parties.
2. The instant civil miscellaneous application has
been filed against the order dated 13.06.2025 passed by
learned Civil Judge Junior Division-II, Vaishali at Hajipur
in Eviction Suit No. 03 of 2018 whereby the petition filed
by the petitioners/defendants dated 03.03.2025 for making
of exhibits of certain documents i.e. a diary and statements
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of Bank account has been rejected on the ground that issues
have already been framed and further the documents are
private documents.
3. Learned counsel for the petitioner submits that
Eviction Suit No. 03 of 2018 was filed by the
respondent/plaintiff for eviction of the defendant from the
suit property on the grounds of default in payment of rent
and personal necessity. During the course of arguments, a
petition was filed on behalf of the petitioner/defendant
seeking to mark two private documents, namely a diary and
a bank account statement, as exhibits. However, the said
documents were not taken into evidence by the learned Trial
Court.
4. Learned Trial Court has mentioned this fact that
the parties are entitled to produce all the documentary
evidence of every description in their possession or power,
at or before the settlement of issues. The diary and the bank
statement were admittedly within the knowledge and
possession of the petitioner/defendant, yet the same were
not produced within the stipulated time. Considering that
the suit is of the year 2018, the learned Trial Court has
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rightly dismissed the petition filed on behalf of the
petitioner/defendant.
5.In view of the aforesaid facts and circumstances,
this Court is of the considered opinion that the present case
is devoid of merit and is, accordingly, dismissed.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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