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Patna High Court

Pratima GuptaversusMost. Sandhya Devi

Decided
Disposal
DISMISSED

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
                 ======================================================
           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
Patna High Court C.Misc. No.839 of 2025(4) dt.02-02-2026
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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
          Patna High Court C.Misc. No.839 of 2025(4) dt.02-02-2026
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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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