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Judgment
Gautam Kumar Choudhary, J
The instant civil miscellaneous petition has been filed by the plaintiffs/petitioners being aggrieved by the order dated 14.02.2025 passed in Original Partition Suit No. 61 of 2017 by learned Civil Judge (Sr. Div.)-II, Bermo at Tenughat.
It is submitted by the learned counsel on behalf of the petitioners that original panchnama dated 29.03.2016 had been filed and was sought to be proved by P.W.-3, who was examined on 18.09.2024. The document was to be proved formally as per Section 47 of the Evidence Act, and there was no prayer for admitting the said document as a public document and marked as exhibit. Despite this, the document has been refused to be marked as exhibit by stating that it was not a public document.
On perusal of the impugned order, it appears to be cryptic and non-speaking order.
Under the circumstance, the impugned order is set aside and learned Trial Court is directed to pass reasoned order for not admitting the said document into evidence and marking it as exhibit. Petitioners will be permitted to recall the said witness for the formal proof of the document.
This Civil Miscellaneous Petition stands disposed of. Pending I.A., if any, stands disposed of.